Adultery is often considered a significant factor in the breakdown of marriages. However, with the introduction of the “no-fault” divorce system in April 2022, it is no longer necessary to cite adultery or any other reason to begin divorce proceedings.
While adultery remains a valid ground for divorce, its relevance in family court has been reduced under the new system. That said, there are still instances where adultery may impact a divorce. Here’s what you need to know about adultery and divorce in the UK.
What is adultery?
In UK law, adultery is defined as a married person having consensual sexual intercourse with someone of the opposite sex who is not their spouse. Other acts, such as emotional affairs or physical interactions like kissing, do not legally count as adultery but could be cited as “unreasonable behaviour” under the previous system. It’s important to note that same-sex infidelity does not constitute adultery under UK law but can still be relevant to divorce proceedings as unreasonable behaviour.
“No-Fault” divorce
Before April 2022, individuals seeking a divorce were required to prove one of five reasons for the breakdown of their marriage: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. In cases of adultery, the unfaithful party could deny the accusations or challenge the details, which sometimes required proof and often led to contentious disputes.
Under the new “no fault” divorce system, couples no longer need to cite a reason for their marriage breaking down. This shift aims to minimise the need for blame and focus instead on resolving the practical matters of the divorce. As a result, adultery plays a much smaller role in the legal aspects of divorce.
Myths about adultery and divorce
There are many misconceptions surrounding the impact of adultery on divorce. One common myth is that the partner who commits adultery automatically loses rights to the family home, spousal maintenance, or child custody. In reality, other factors are far more significant in determining the financial settlement and child arrangements, such as:
- The length of the marriage
- The welfare of any children
- Each spouse’s financial needs and contributions
- Future earning potential and individual savings
Adultery does not mean that one partner forfeits their rights to financial support or parental responsibility. Similarly, the person who was unfaithful is not automatically responsible for covering all divorce costs. While the partner who files for the divorce typically pays the application fee, both spouses generally cover their own legal fees unless agreed otherwise.
Emotional impact
Although adultery can no longer be listed as the cause of a divorce under the no-fault system, its emotional toll can still influence the process. Feelings of betrayal, anger, and sadness often arise, which can lead to disputes during negotiations, lengthening the divorce process. In some cases, a partner who feels guilty about their infidelity may offer more favourable terms than they otherwise would. However, this is often a temporary reaction that could be regretted later.
To help mitigate these emotional challenges, UK law mandates a 20-week period of reflection between filing for divorce and issuing the final orders. This time allows both parties to process the situation and consider what they truly want from the settlement.
When does adultery impact a divorce settlement?
While adultery plays a smaller role in divorce proceedings today, it can still affect settlements in certain circumstances. For example, if adultery directly impacts a financial or child-related factor, such as the unfaithful spouse remarrying or entering a new relationship that might endanger children, the courts may take this into account.
It’s important to clarify that if the unfaithful spouse remarries, it generally terminates their right to receive spousal maintenance—not because they married the person they cheated with, but because remarriage typically ends entitlement to maintenance under UK law.
Get expert advice from Osbourne Pinner
Every divorce is unique, and the legal implications of adultery can vary depending on the specifics of your situation. Seeking advice from a family lawyer is the best way to understand how adultery may affect your divorce. An experienced solicitor can guide you through the process, help with paperwork, and offer support during what can be an emotionally draining time.
Osbourne Pinner Solicitors offers a free 30-minute consultation with one of our dedicated family lawyers. We have offices in Piccadilly Circus, Harrow and Canary Wharf, and can also arrange a Zoom call for your convenience. To get started, call 0203 983 5080, email us at [email protected] or use this form.
