Looking into the divorce process and trying to work out how much it really might cost you? Wondering whether adultery impacts the financial settlement? This guide covers your key questions and includes tips on how to minimise the financial burden of the divorce process!
What is Adultery?
Divorce Law in the UK is very restricted about what does or doesn’t class as adultery, it’s not as simple as a spouse being unfaithful in a vague way. It’s specifically when a married person voluntarily has sexual intercourse with someone else who isn’t their husband or wife. Therefore, other actions like a passionate kiss, flirty texts or emotional connections do not pass as adultery, irrespective of how hurtful they may be.
How Does Adultery Affect The Financial Settlement?
Surprisingly to many in the UK, the act of adultery has no impact on either the financial settlement or on the outcome of a divorce case.
Although the behaviour of adultery may evoke strong emotions and spark the feelings of betrayal, under the principles of Matrimonial Causes Act 1973, the financial settlements made in a divorce must be determined in-line with fairness and needs of both parties. As such, in the grand scheme of the outcome, adultery is considered irrelevant regarding the financial settlement.
What Happens When You Divorce Because Of Adultery?
Since the no-fault divorce concept was introduced in the UK in April 2022, with its aim to reduce the length of divorce proceedings and minimise the conflict couples faced going through a divorce through blaming each other, adultery was no longer a ground for divorce that could be used to influence the case.
However, there is no doubt that emotions and the feelings of betrayal or guilt could play a part in a divorce settlement and therefore the partner who committed adultery may be willing to offer more than necessary. This is not definite and will vary case by case, therefore it is important for both parties to consult an experienced divorce lawyer for greater support and clarity.
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