What happens when you get caught cheating

People cheat on their spouses for a myriad of different reasons. At one end of the spectrum, the marriage may be on its last legs. Then, someone meets someone with whom they believe they will share a long and happy future before the marriage is truly over. At the other end, some people enjoy the thrill of the chase, multiple partners, and leading a double life.

No one who cheats on their spouse wants to be found out, yet it happens regularly. As modern technology makes it easier for cheating to be discovered via synced devices, unlocked phones, or open computer screens, there are many ways in which a spouse can discover infidelity.

In the event that a spouse does get caught cheating while married, what can be done? See what can happen when a spouse is caught being unfaithful, here.

What constitutes cheating?

The answer to this question will be different for different couples. For some, a strong emotional bond with no sexual interaction could be considered cheating, while for others, cheating constitutes having intercourse with someone other than your partner

Does adultery mean divorce?

Only you and your spouse can decide if adultery automatically means divorce. People have different boundaries. Often it is the deceit, more than the act itself, which most upsets the faithful spouse.

Many couples move on from an infidelity to have long and happy marriages. Some may try and fail, divorcing some years down the line as they can’t restore the trust. Others choose to separate straight away.

The UK has a no-fault divorce system, where neither spouse can be named as ‘causing the divorce’ in the application.

Read more: The New No-Fault Divorce Law

Does cheating on my spouse affect my ability to see my children?

Whilst your ex-spouse may contest this, legally, in the UK, cheating during your relationship makes no difference as to the amount that you can see your children.

When you are going through the divorce process, an agreement, named a child arrangement order, will be made, that states which parent the child will be with, at what point. In most cases, the arrangement is a 50 – 50 split, however, there are some circumstances where this is not the case.

Speak With a Solicitor

Once you’ve had time to process your thoughts and feelings, you may want to get the ball rolling with filing for a divorce. We highly recommend reaching out to a legal professional so they can support you with any legal proceedings that may need to occur. Not only can this help you avoid being conflicted out, but starting sooner can be more beneficial compared to dragging out the proceedings.

Read more: Why a divorce lawyer may not be able to represent you

Does cheating on my spouse affect financial settlements?

Cheating on your spouse does not reduce your right to receive a fair financial settlement. The aim is always to ensure that both spouses and any children that you may have are provided for fairly during a divorce.

When determining a financial settlement, the courts will focus on:

• The welfare of children
• The income of each party, their earning capacity, property and assets
• The financial needs, obligations and responsibilities of each party
• The contributions made (both financial and non-financial) by each party during the marriage

There are some exceptional cases where bad conduct by one party might affect a financial settlement but ordinary infidelity does not meet that threshold.

Divorce Proceedings, Handled With You

Grant Stephens is a family law specialist based in South Wales. Our expert team of family lawyers are here to support you with your divorce proceedings.

Contact us to speak to our team and start your consultation, today.