Can adultery affect a divorce settlement?
I am often asked, if a person has an affair during the marriage, will they pay for this?
Prior to April 2022, adultery was one of the five grounds for divorce in the UK. Adultery could be used as a reason to prove that the marriage had irretrievably broken down and therefore to obtain a divorce. Prior to April 2022 if a person was found to have committed adultery, they were not penalised financially for this within any settlement, other than the possibility of paying the petitioner's legal fees of divorce.
However, this changed with the introduction of the new 'no fault' divorce laws in April 2022, which means that it is now sufficient to simply state that the marriage has irretrievably broken down with no further explanation being needed. In the vast majority of divorces no costs orders are made.
It is important that both parties are treated fairly during all aspects of divorce proceedings. Whilst arrangements for finances and child care may not be a simple 50/50 split, a person’s adultery is not counted against them. Arrangements for children are always established, where the Courts are involved, in order to protect the best interests of the children. Financial arrangements should be settled on the understanding that both parties should be in a position to sever their financial ties and still move on with their lives.
However, while adultery may not be a factor in the legal process of obtaining a divorce, it can still have an impact on the emotional and psychological wellbeing of both parties. Infidelity can be a painful and traumatic experience, and it can be difficult to move on from this and rebuild trust in the relationship. It can also cloud judgements when it comes to establishing agreements, especially where emotions are running high. This is another reason why it is important for both parties to seek the advice of a specialist family solicitor who can guide them through the process and ensure that their interests are protected, particularly in relation to making decisions about any financial and child custody arrangements.
In summary, while adultery is no longer a factor in the legal process of obtaining a divorce in the UK, it can still have an impact on the emotional and psychological wellbeing of both parties. It is important to seek support and guidance during this difficult time, and to seek the advice of a family solicitor who can guide you through the process and ensure that your interests are protected. If you, or anyone that you know, needs help in navigating the complexities of a divorce following infidelity then they can contact us through our website at www.familylawconsultants.co.uk or call the team to arrange an initial consultation on 0333 9205911.
Written by Emma Piff
