Getting a financial agreement is an essential part of any divorce.
Divorces can be difficult – especially if infidelity was involved. People unfamiliar with divorce may assume that a partner who was unfaithful will bear more responsibility for the divorce. They might even wonder whether their partner will have to pay more when they split.
Does infidelity affect your divorce settlement in England? Actually, the answer is no. Infidelity or adultery have no effect on your division of finances from the court’s point of view. However, an inability to agree on finances – whether because of infidelity or other reasons – could result in a loss for both parties.
Below, we explain why.
Assigning fault in divorce
Before 2022, couples divorcing in England had to state why they were divorcing, choosing from a list of options such as adultery, desertion, unreasonable behaviour and separation for a long period of time.
But in April 2022, the Divorce, Dissolution and Separation Act 2020 came into effect. This law intended to reduce conflicts in divorce by removing the need to place blame. In short, you can have a no-fault divorce.
There are three simple requirements for divorce:
- You have a marriage that is recognised as such by law
- You have been married for more than a year
- Your marriage has broken down irretrievably
You also don’t have to offer any proof that your marriage has broken down irretrievably. Your statement saying that it has broken down is all the evidence needed.
Therefore, who is to blame for the divorce no longer really matters in the court’s eyes.
It’s also important to remember that the court doesn’t have to be involved in deciding on the division of assets in any case.
What affects the financial settlement in divorce?
Obviously, one factor in the financial settlement each party receives is what the couple’s assets were in the first place.
The financial agreement will consider assets such as savings, investments and property. It will also consider debts and whether one party will receive a share of the other party’s pensions.
And, of course, custody of children will affect financial agreements too because of potential child maintenance payments.
Whether the assets were acquired before or during the marriage may make a difference, too.
If the court is asked to take a role in deciding on the division of assets, it might also consider factors like the divorced parties’ ages and ability to support themselves independently.
Does infidelity affect the divorce settlement at this point? Again, the answer is no. The court’s goal is not to assign blame, but to ensure that no-one is left destitute and that the assets are divided fairly and equally based on all factors.
What’s the best way to get a positive financial outcome from a divorce?
One important tip is to be completely frank and honest about what your assets are. Not doing so could incur costly legal penalties.
Another is to try to decide on the financial agreement without going to court. You can do this by drafting a consent order with the help of your family law solicitor. If necessary, your solicitor may be able to refer you to a mediator who can help you and your spouse to create the financial agreement.
By resolving on your divorce settlement without going to court, you can potentially save a great deal of money as well as stress. Although reaching an amicable agreement after infidelity has occurred may be difficult, it might ultimately be more advantageous for you.
Lastly, whether you are simply drafting a consent order amicably or asking the court to make a financial order, you’ll want to make sure that you have an experienced and skilled family law solicitor on your side.
A good solicitor will also be able to help you if you suspect that your spouse is not making a full and frank disclosure of their own assets. That could also help you to get the best possible settlement.
Legal support from experienced family law solicitors
So, how does infidelity affect divorce settlements? Mainly, the risk here is that infidelity or adultery will make divorces acrimonious. That’s bad for everyone because it can result in a lengthier and more costly process.
Of course, divorces can still be complex even when no fault is assigned – especially when high net worth is involved. That’s why it’s so essential to work with an expert family law solicitor who can guide you through each step to help you reach the best outcome.
The information in this blog post is provided for informational purposes only. Everyone’s situation is different and requires unique advice, which is why Osbourne Pinner Solicitors offer a no-cost no-obligation 30-minute consultation. To sign up for one, just complete the form below, call 0203 983 5080 or email us at [email protected].
