Re: Autumn 2015 | Page 51

Divorce without blame A woman who was unable to divorce her husband on the grounds of adultery because he had affairs with men wants the law changed. She is part of a support group with other spouses in a similar position. She doesn’t think there is any shame in being gay, but believes it’s important that people are able to be who they are and not lie to themselves and other people. She feels it’s time the law grew up about what sexual intimacy means in the 21st Century. There is only one ground for divorce in England and Wales and that has to be proved on either the basis of: adultery, unreasonable behaviour, desertion, having lived apart for more than two years (if both spouses agree to divorce) or having lived apart for more than five years. Adultery is defined in law as “voluntary sexual intercourse between a man and a woman who are not married to each other but one or both of whom is or are married”. Same-sex couples can either marry or opt for a civil partnership. If the relationship breaks down in civil partnerships there is no basis to end the partnership due to adultery. Adultery can be grounds for divorce in same-sex marriage but the infidelity must be with someone of the opposite sex. This therefore results in a