Adultery and Divorce in England and Wales

Overview

Adultery is one of the most commonly misunderstood issues in divorce. Many people still believe that a spouse must prove adultery before they can end a marriage. That is no longer the law for most divorces in England and Wales.

Since the introduction of no-fault divorce, a person can apply for a divorce order without proving adultery, unreasonable behaviour, desertion or separation.4 The court must treat the statement that the marriage has broken down irretrievably as conclusive evidence and make the divorce order.

This article explains when adultery still matters, what the law now says, and why it remains important to get legal advice if adultery is part of the background to separation.

Key Legal Considerations

What is adultery?

For the purposes of the old divorce law, adultery had a narrow meaning. It generally meant sexual intercourse between a married person and a person of the opposite sex.

That definition mattered under the previous fault-based divorce system. It does not control the modern no-fault divorce process.

Does adultery still matter in divorce?

In most current divorce cases, no. A divorce application under the current law does not need to rely on adultery.

However, adultery may still be relevant where:

• the divorce proceedings began before 6 April 2022 and the transitional rules apply;

• the parties are discussing the factual background to the breakdown;

• adultery is affecting negotiations or family relationships;

• there are related disputes about children or finances, even though adultery itself is not usually the deciding legal factor.

Does adultery affect the divorce itself?

Under the current law, no. The court does not investigate whether adultery happened before granting a divorce order.

The focus is on the applicant’s statement that the marriage has broken down irretrievably. If the application is properly made, the court must make the order.

Does adultery affect finances?

Usually not directly. Financial remedy decisions are based on the statutory factors in the Matrimonial Causes Act 1973, not on blame alone.

The court will generally focus on matters such as:

• needs;

• income;

• assets;

• housing;

• children;

• fairness; and

• the overall circumstances of the case.

What Factors Are Usually Considered?

In practical terms, adultery-related disputes often involve:

• whether there has been dishonesty in the relationship;

• whether communication has broken down;

• whether one party has emotional or financial dependence issues;

• whether there are children whose welfare must remain the main concern;

• whether the parties can negotiate sensible arrangements without blame driving the process.

The legal question is usually not “who caused the breakup”, but “what is the fairest and safest way to resolve the consequences of it?”

Common Mistakes or Risks

Common mistakes include:

• assuming adultery must be proved before a divorce can begin;

• using the wrong divorce process for a post-6 April 2022 case;

• believing adultery automatically changes the financial outcome;

• raising adultery in a way that increases conflict without legal benefit;

• failing to get advice where there are concerns about children, finances, or conduct.

The risks can include unnecessary delay, added legal costs, and avoidable tension during an already difficult separation.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

If a solicitor does not understand the current divorce law, they may:

• advise on the wrong legal basis;

• create delay by relying on outdated fault-based concepts;

• misunderstand the effect of adultery on finances;

• fail to separate divorce from financial remedy or child arrangements;

• increase conflict by overstating blame.

In family law, a poor strategy can make the process slower, more expensive and more stressful than it needs to be.

Case Study from Alstern Solicitors

Background: A client came to us believing they needed to prove adultery before they could divorce their spouse. The couple had separated after a difficult relationship, and there were also unresolved issues about money and the children.

Challenge: The client was confused by online information based on the old divorce law. They needed clear advice on whether adultery had to be alleged and whether it would help them secure a better financial position.

How We Assisted the Client: We explained the current no-fault divorce process, confirmed that adultery did not need to be proved, and advised separately on the financial and child-related issues. We then helped the client focus on the matters that actually required legal resolution.

Outcome: The client was able to progress the divorce without unnecessary conflict and deal more effectively with the connected financial and parenting issues.

How Can Alstern Solicitors Help?

Given the complexity and evolving nature of family law, choosing the right legal adviser is an important decision. Alstern Solicitors is proud to be a trusted law firm regulated by the Solicitors Regulation Authority (SRA) in England and Wales.

We are committed to the highest standards of professionalism, integrity and client care. We provide clear legal advice, transparent fees and practical solutions tailored to each client's circumstances.

Our clients benefit from:

• Strict confidentiality

• Full compliance with UK law

• Transparent fee structures

• Efficient case management

• Professional support throughout the process

We take the time to understand each client's situation and provide practical guidance designed to protect their interests and help them move forward with confidence.