Adultery is a factor that can be relied on in a divorce application in England and Wales. (The law is changing in Autumn 2021 to allow for no fault divorce applications).
But the consequences of using adultery in your application are often misunderstood.
I’m going to bust some common myths:
- “My spouse has been kissing, texting and meeting another woman for lunch so he’s committed adultery.” WRONG.
Adultery needs to have involved sexual intercourse with the other person.
- “If my spouse cheats with someone of the same sex, I can cite adultery.” WRONG.
Under the law of England and Wales, adultery needs to be with someone of the opposite sex. (Bonkers but true I’m afraid).
- “Because my wife committed adultery, she will get less in the financial settlement.” WRONG.
Your spouse won’t be penalised in the financial settlement for their adultery.
- “My spouse cheated a few years ago and I can use that as adultery for my divorce application.” WRONG
To use the ground of adultery, you must issue your divorce application within 6 months of finding out about it.
- “I have to name the mistress in the divorce application to prove adultery took place.” WRONG.
You don’t have to name the other person and I recommend not doing so as this can complicate things for you.
- “I started my new relationship after my husband and I separated so it doesn’t count as adultery.” WRONG.
Any relationship you have whilst you remain legally married can constitute adultery.
- “Because my wife committed adultery, she’ll have to pay all my legal costs.” WRONG.
Your spouse will not be penalised financially for being the reason the divorce is happening.
If you have found the tips in this blog useful then you’ll find lots more in my eBooks, which you can purchase and download today.
If you’d like to work with me 1:1, for help preparing for your divorce/or support during or after the divorce process, please get in touch to find out how I can help.
Why I became a divorce consultant.