Are There Financial Implications For Committing Adultery?

Does adultery affect my financial settlement?

A common misconception under the old divorce laws was that where adultery was stated as the reason for the irretrievable breakdown of marriage and consequent divorce, this would result in the party accused of adultery being penalised in the financial settlement.

This is not the case under the new no-fault divorce laws, nor was it under the old divorce process.

However, where adultery has occurred it often causes huge resentment and may lead to difficulty in reaching a financial settlement. This is because the spouse who was cheated on will sometimes seek to extract a much higher level of matrimonial assets than they would otherwise.

Therefore adultery can increase the likelihood of divorce settlement negotiations breaking down and ending up in court. 

Adultery and divorce

It should be noted that the following information is now out-of-date but has been retained for informational purposes for those who are interested in how adultery was previously used in divorce proceedings under the old divorce laws.

What is the view of adultery by the courts?

In the eyes of the law, there is no reason to treat adultery any differently compared to any of the other available grounds for divorce with respect to a financial settlement.

Adultery can increase the likelihood of divorce negotiations breaking down and ending up in court.

However, the court will not treat a divorce that is caused by adultery any differently from a divorce that has non-adulterous roots.

As we have already noted, the grounds for divorce will be the same: the irretrievable breakdown of the marriage. Therefore the court will apply exactly the same principles to achieve a ‘fair’ financial settlement.

Adultery divorce financial settlement

Section 25 of the Matrimonial Causes Act 1973 sets out the various factors which a family law court should take into account when deciding on a divorce financial settlement and how any assets should be divided, including:

• the welfare of any children under the age of 18 (this is the primary consideration);
• the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
• the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
• the standard of living enjoyed by the family before the breakdown of the marriage; and
• the age of each party to the marriage and the duration of the marriage.

Should I admit to adultery in divorce?

Sometimes a spouse who is accused of adultery will try and contest the divorce if their husband or wife uses this as a reason on the divorce petition.

This may be a matter of principle (eg if they were falsely accused of having an affair). However, contested divorces often just delay the inevitable. If both parties want to get divorced, admitting to adultery (whether it happened or not) is often just a practical step to obtaining a decree absolute.

How should I get divorced if using adultery as a reason?

The essential divorce process is the same when using adultery as a reason: it’s just a matter of ticking the right box on the application form. However, it’s important to bear a couple of things in mind:

• The petitioner (person applying for divorce) must submit their divorce petition within 6 months of becoming aware of the adultery.
• The person accused of adultery cannot petition for divorce using the reason of adultery (their spouse must be the petitioner).

Will I have to pay for the divorce and fees if I committed adultery?

There is no difference to the administrative fees of getting divorced just because either party has committed adultery. The processing and court fees are the same whatever the reason for divorce.

However, as with obtaining a financial settlement, the greater likelihood of bad feelings can lead to higher overall divorce costs associated with litigation (solicitors fees etc).

Divorces which are suffused in feelings of resentment will often be more expensive than more amicable break-ups because each party is more likely to engage a lawyer (who has fees) and matters can even end up in court (which also have fees).

If you are able to put these feelings aside, you may be able to reach an agreement without spending thousands and thus apply for a quick divorce online.

Speak to our friendly team on Live Chat for quick and reliable answers to your questions or call us on 01793 384 029 for no obligation information and advice on how no-fault divorce works.