Paralegal, Melissa Irving discusses how infidelity is regarded by the divorce courts following the introduction of no fault divorce.

Historically, adultery has held a significant legal and emotional role in divorce. Adultery can be the catalyst for the breakdown in a marriage, and until recently, could be cited as grounds for divorce.

In 2020 the Divorce, Dissolution and Separation Act came into effect, which paved the way to what is popularly known as “no fault divorce” becoming a reality in April 2022. No fault divorce dramatically changed the landscape of divorce proceedings and significantly reduced the legal weight of infidelity. Its introduction meant that couples could now separate without having to cite a reason for their decision.

What happened before No Fault Divorce?

Before no fault divorce was introduced, separating couples had to choose one of five prescribed reasons to prove their marriage has irrecoverably collapsed, one of which was adultery. Prior to its introduction in April 2022, a large proportion of divorce proceedings named adultery as the primary reason for the breakdown in the relationship.

What are the benefits of No Fault Divorce?

Under the new law, it is no longer necessary to provide a reason for wanting to divorce. If either partner wants to get divorced, that is enough, and they can make a sole application to the court. As a result of this change, the significance of fault or allocation of responsibility within divorce proceedings has been greatly reduced.

Without the need to assign blame, it is hoped that conflict should reduce. The process of getting divorced ought to be quicker and less contentious. As a result, family solicitors can focus on court applications and deadlines and dealing with the finances, rather than managing personal disputes such as infidelity between the separating couple. Those who are able to manage the process amicably even have the option of apply for a joint divorce.

How does adultery affect financial settlements?

When getting a divorce, separating spouses must also undertake the process of splitting up their assets. This is done by reaching a financial settlement. The court focuses on fairness and meeting the needs of each partner rather than attributing financial value to wrongdoing.

A commonly held misconception is that the ‘wronged spouse’ will be entitled to more money from the matrimonial pot. However, the fact that adultery took place, will not directly impact the financial settlement. Adultery is not reason in itself for one party receiving a bigger share. This is because it is not generally considered serious enough conduct to affect the court’s determination.

How we can help

In summary, adultery now has a more technical than direct impact on divorce proceedings. The law aims to avoid negotiating issues surrounding personal relationship dynamics and emotional betrayal. However, we understand how divorce can increase animosity between separating partners. Our friendly family law team provides compassionate and composed guidance to navigate this sensitive period and the inevitable upheaval it entails.

Get in touch

If you’d like to speak to us about any of the issues raised in this blog, our family law team would be pleased to hear from you. You can call us on 01872 241408 or email info@penderlaw.co.uk