Adultery – Pre-6th April 2022 ground:
Table of Contents
What is adultery?
To bring a petition under this ground you must show that your spouse had sexual intercourse with another person of the opposite sex, and you find it intolerable to live with them.
Adultery can still be used as the basis for divorce proceedings whether you and your spouse are still living together or have separated.
Where there is a same sex relationship, it would be possible to bring divorce proceedings under unreasonable behaviour.
What is not adultery?
Infidelity is not adultery under UK law. Any sexual activity that does not involve sexual intercourse is not permissible under this ground for petition for divorce.
What about adultery in a civil partnership?
Currently, under UK law, you cannot dissolve a civil partnership even if your partner has committed adultery with another person of a different sex.
Is it better to rely on adultery?
If your spouse has not had sexual intercourse with someone other than their partner, it may be better to bring divorce proceedings under unreasonable behaviour.
The reason for the breakdown of your marriage will not be relevant for the financial settlement, therefore, it is better to think about the facts of the breakdown as adultery can be quite a contentious option to prove.
Is adultery a crime in the UK?
No, it is no longer a crime.
What happens if I forgive my spouse after adultery?
If you reconcile your marriage more than 6 months after the adultery, then you cannot rely on the ground of adultery in your divorce case.
To discuss your divorce matter today, please call Ansham White Solicitors for a free no obligation telephone call.
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