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Maintenance for adulterous wife

My brothers wife wants him to move out of their house. Even though he works and she does not. She also wants him to provide for her and the kids. He has no problem providing for the kids but not her. She is also going out with a guard and threatens my bro

The answer to this question depends largely on whether who is at fault at the break up of the marriage.  I know it is unfashionable to use the word "blame" in martial breakdown but the law clearly states that if one party deserts the other then the one who deserts is not entitled to maintenance for themselves. 

It seems from this listener’s question that his brother’s wife is guilty of adultery and therefore legally she has deserted your brother and therefore he may not be required to provide maintenance for her. 

I wonder what are your brother’s prospects of applying for custody of the children? – is it a practical proposition to look after the kids because legally there might be sound grounds for applying to Court for custody – based on her adultery and of her threats of violence (including garda violence) against him.  The family law courts will take a very dim view of her actions.  But for the present time in no circumstances should he move out without talking to his solicitor. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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