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In the wake of the ‘no fault divorce’ law coming into play in 2022, many might question the role of adultery in divorce, especially in terms of its legalities and how prevalent it now is throughout divorce discussions.
While the advent of no fault divorce means that adultery cannot be cited as a reason for divorce, it can still be associated with proceedings, just not as a direct cause for a marriage breaking down. If you’re curious around the modern-day standing of adultery in divorce, keep reading
What is adultery?
Adultery is the voluntary sexual intercourse between a married person and a person who is not their spouse. Historically, it has been a reason that people could cite for divorce, but that changed in 2022.
Is adultery grounds for divorce?
Under the current no-fault divorce laws in the UK, adultery is no longer a reasonable ground for divorce.
One common misconception around adultery is that the adulterer must ‘pay for’ the divorce, when this is in fact not the case. Yes, adultery can cause a marriage to break down. However, it cannot be used as a legal reason for a divorce.
Is sexual assault adultery?
Sexual assault and rape, including sex with someone under the age of 16, is not adultery. In these cases, proceedings must go ahead with ‘unreasonable behaviour’ as the reason for the divorce. This covers illegal or criminal behaviour, such as this.
Is cheating the same as adultery?
Although some may confuse cheating and adultery, believing them to be the same thing, they are defined differently. What constitutes cheating can vary from person to person. For example, flirting with another person might affect some people more than others, and may eventually lead to a relationship breaking down. However, it is not sufficient grounds for divorce.
Adultery differs from cheating in one major way. For cheating to be considered adultery, sexual intercourse must have taken place.
Read more: What happens when you get caught cheating
Is adultery illegal?
Adultery as an act is not illegal. It is a civil matter, not a criminal one. Even still, adultery has not been considered a crime for a very long time, as per the Matrimonial Causes Act 1857.
Does adultery affect divorce?
Despite adultery not having a legal presence in a divorce case anymore, it can greatly affect the mental health of the involved parties. Adultery, like cheating, creates feelings of betrayal and disrespect, which can greatly impact the emotions and, therefore, the judgement of the other party.
In many divorce cases, the exact reasons underpinning the divorce are very rarely, if ever, considered during the final judgement. It is only when the actions of a spouse cause a significant disruption to the marriage, or the lives of their partner, that they are considered as an influencing factor.
Professional divorce lawyers in South Wales
As you can see, not everything in the law is as it seems. That’s why you need a qualified legal professional fighting in your corner. At Grant Stephens, our team of highly skilled family lawyers are well equipped to deal with all sorts of family law issues, including divorce.
To talk to us about your case, contact us and get a free 30-minute consultation.
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FAQs about adultery:
What is adultery?
Adultery is the voluntary sexual intercourse between a married person and a person who is not their spouse.
Is adultery grounds for divorce?
Since 2022, when no fault divorce was introduced, you can no longer cite reasons for a divorce, meaning that adultery is no longer grounds for a divorce.
Is there a difference between cheating and adultery?
Whilst very similar, adultery must involve sexual intercourse, whereas cheating can be defined more flexibly.
