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Husband caught cheating by Uber - How would this affect the Divorce?

View profile for Jess Birch
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Gone are the days of suspicious spouses following their partners’ movements. Unfaithful husbands and wives can now be caught out by their Uber account.  

A businessman in France is currently suing Uber for ruining his marriage. The man borrowed his wife’s iPhone to log into his Uber account. Despite logging off, the application continued to send notifications to the wife’s phone detailing where and when he was being picked up, as well as his destination. This was apparently due to a bug in the app. Needless to say that when his wife discovered he was not where he was supposed to be, she became suspicious and subsequently discovered he was having an affair.

In England and Wales, a divorce can only be obtained when a marriage has irretrievably broken down and this can be proved by relying on at least one of five specific facts, set out in the divorce petition. Adultery is one of the five facts that can be used. Case law defines adultery as voluntary sexual intercourse between two persons of the opposite sex, one or both of whom is married, but not to each other. It is actually quite difficult to prove adultery in divorce proceedings. Unless there was some evidence we do not know about, it is unlikely that the wife will be able to use the Uber notifications to prove the husband’s adultery as, even though it is pretty convincing, it is not evidence of sexual intercourse. 

For this reason, the second fact of unreasonable behavior is often relied upon instead.  To prove this fact, the person starting the divorce must show that their spouse has behaved in such a way that they cannot reasonably be expected to live with them. The behaviour does not need to be admitted by the accused but this fact does need to be used with caution. 

At Birkett Long we have expertise in divorce and related financial and children matters. If you require advice please get in touch with one of our specialist advisors. 

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