Adultery and Divorce
What is adultery?
Under traditional legal definitions, adultery occurs when a married individual engages in sexual intercourse with someone of the opposite sex who is not their spouse. Non-penetrative sexual activity, emotional affairs, or same-sex encounters do not meet the legal criteria for adultery.
How does adultery affect the divorce process?
Since the introduction of no-fault divorce in April 2022, specifying a reason such as adultery is no longer required—or even possible—when initiating divorce proceedings. Regardless of the circumstances leading to the breakdown of the marriage, the only necessary justification is that the relationship has irretrievably broken down.
In other words, the divorce process is now the same for every couple, irrespective of the cause of the separation.
Supporting you when adultery leads to divorce
Adultery can make an already challenging situation more emotionally difficult. HM & Co. Solicitors can provide clear guidance, empathy, and expert support during this time, helping you navigate financial and children’s issues and achieve the best possible outcome.
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HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
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Your Questions, Answered
FAQs
Adultery and Divorce FAQs
Does adultery affect a divorce settlement?
No. Adultery does not influence financial settlements in a UK divorce. Courts focus on meeting the financial needs of both parties and any children, rather than penalising one spouse for infidelity.
What are my rights if my husband or wife commits adultery?
Your rights do not change if your spouse commits adultery. The court’s primary aim is a fair division of assets, regardless of the reasons behind the marriage ending. Your entitlement remains based on factors like each party’s needs, contributions, and the welfare of any children.
Is my spouse entitled to half if they cheated?
Yes. Even if your spouse committed adultery, they may still be entitled to an equal share of marital assets. The division aims to ensure both parties’ financial security, irrespective of infidelity.
What happens if you cheat and get a divorce?
If you commit adultery, it won’t affect the no-fault divorce process introduced in April 2022. Your affair does not need to be disclosed or proven, and it typically does not influence financial settlements or child arrangements unless it directly impacts the children’s well-being.
What am I entitled to if my partner cheated?
Adultery does not grant additional rights. You remain entitled to a fair financial settlement based on your needs and contributions. The cause of your divorce, including adultery, does not affect this entitlement.
What is legally classed as adultery?
Under UK law, adultery is defined as a married person having sexual intercourse with someone of the opposite sex who is not their spouse. Same-sex encounters, non-penetrative acts, or emotional affairs do not meet this legal definition.
What is micro-cheating?
Micro-cheating involves small, often secretive acts that breach agreed relationship boundaries—such as inappropriate online flirting or covert communications. While not considered adultery, it can undermine trust and may contribute to relationship breakdown.
What do I do if my spouse commits adultery?
You can file for divorce simply by stating that your marriage has irretrievably broken down. Under no-fault divorce rules, you no longer need to cite adultery or provide any evidence. Either spouse can initiate divorce on the basis of irretrievable breakdown, and a 20-week waiting period allows time for reflection.
Is it adultery to date while separated?
Yes. If you have sexual intercourse with someone of the opposite sex while still legally married, it can be considered adultery. However, this does not affect the no-fault divorce process or the financial settlement.
Is adultery a crime?
No. Adultery is not a criminal offence in the UK and has not been since the Matrimonial Causes Act 1857.
Can I still try to prove adultery in court?
No. Under current law, there is no need to prove adultery, and doing so would not affect the divorce outcome or settlement.
How does adultery affect child custody?
Adultery typically does not influence child custody arrangements. Courts focus on what is in the best interests of the children, ensuring they maintain a relationship with both parents unless there are other welfare concerns.
Should you divorce on the grounds of adultery?
You cannot cite adultery as a ground for divorce under no-fault divorce laws. The only requirement is that the marriage has irretrievably broken down, established through a simple formal statement.
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