Legal separation - can one partner have a relationship but it not be adultery?

[Postdog]

That's basically the question. I have a friend who's marriage finally broke down towards the end of last year (2006). She had not been married that long and now has to wait a couple of years to be divorced because there are no other reasons for divorce. In a nutshell his idea of marriage differed to hers, in that she wanted a husband, but ended up with him sort of wanting another mother. Anyway, the ex is going to apply for a legal separation, and though she hasn't got involved with anyone else, the idea of waiting two years without dates, romance and such doesn't appeal. If they get separated legally, does she then have the freedom to live her life as she would like without him then applying to divorce her for adultery?

[beryllium]

I should hope so lol.... she's seperated from him now but she should get a solicitor just to be on the safe side. She hasn't done anything wrong, the relationship has ended. She most definately doesn't have to abstein from building a new life for herself and the happiness she deserves.
Why is she leaving it to him to get legal proceedings started?

[Pippa68]

A legal separation should mean that no further charges can be made ~ her husband cannot divorce her for adultery if the separation has been applied for through the court.
After the two years the marriage will be dissolved under the two year separation rule.

[seatrout]

The only ground for divorce is the irretreivable breakdown of the marriage. This can be proved by a number of things including adultery. In your friends case the marriage appears to have already broken down so it should not be a problem.

Separations are rarely applied for these days as the grounds are the same as for divorce 9unless the law has changed) so the same 2 year bar will apply

[katangel26]

When I divorced my ex husband I cited irretrievable breakdown as the reason. I didn't have to prove anything at all, just listed down what narked me about him and why I was getting the divorce. Adultery never entered the equation.I was never told that I had to wait 2 years.