Separated; Can I have an intimate relationship with someone else?

Question

Please only UK answers (due to differences in international laws on seperation & divorce, thanks).

Hi all, I am married. However, the marriage fell apart. I was unhappy for many years and decided to end the relationship. My ex-husband moved out and I class myself as 'separated'. My ex-husband will not let me move on as he still loves me. However, I feel absolutely nothing for him and am ready to start dating again.

My question is since he has left, am I able to (by law) have an intimate relationship with another man when I decided to move on? I am getting mixed answers. My friend whom is divorces states yes since he has left, however, my ex-husband keep stating that I have to wait until divorced. If I don't, he is going to get me for adultery! I think he may actually be lying to make me worried though.

Please could someone who knows law answer? Also, any sources on this would be fantastic (I have searched!)

Answer 1

Hes lying...... as long as hes been moved out a reasonable length of time, you should go for it.And when I say a reasonable length of time.... I mean that for Moral reasons, not Legal.

Its only natural for him to be jealous, but  it aint worth staying together if you aint happy .

The Courts are always on the womans side.

Even if he does bring up adultery... It makes no difference,  you still split everything in half and end up apart........... but happier.

Answer 2

He is obvioulsy lying to you- as long as you are seperated before hand you are not breaking any laws.

Answer 3

Yes. If you are seperated and have seperate residences you are absolutely ok to date and be intimate with other people. He cant get you for adultery.  

Answer 4

Moral and legal issues aside, you can do so if that is what you wish. You say you are still married but refer to your ex-husband, which he is not until you are divorced.

In the UK these days the only grounds for divorce is irretrievable breakdown, so your husband can not sue you for adultery, which used to be so many years ago.

If you or he can prove irretrievable breakdown you can divorce quite quickly, Otherwise you have to be able to prove to the divorce court that you have lived separate lives for two years before you can divorce. That holds true even if you still share the marital home, which you do not, apparently.

Answer 5

How, exactly, would he know you were having an intimate relationship with someone else unless you told him ?

I think, as your separated, you can go for it as the adultary wouldn't be being commited within the marriage and it wasn't the cause of the break up. Why don't you as your lawyer to be really sure.

Oh and don't tell him !

Answer 6

You should seek expert legal advice regarding this;your new relationship should not involve s*x until you have the opinion of a legal expert.

Answer 7

Unfortunately, he's right. If you have sexual relations with someone other than your Husband while you are still married, legally this is adultery and he can petition for a divorce on these grounds. However, he would have to prove this adultery in court.

If dont see any way that the two of you will reunite again then maybe you should start proceedings yourself, that way you'll be able to fully move on.

Answer 8

As long as you are not together you can do what you like. I  left my ex and then met someone else and he told me the same thing. went to the lawyer and got a legal seperation and he couldnt do a thing about it. Went on to re marry the person I went out with. Go for it and good luck.

Answer 9

as your ex still loves you, he will say anything to stop you moving on.  Just get on with it and start divorce proceedings as soon as possible.  Of course you can have an intimate relationship with someone else - you can do what you want!  

Answer 10

You may not. Wait until the divorce is final before you have relations.