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Will admitting to adultery impact the divorce settlement?

In short, the answer is it is extremely unlikely. Couples that cite adultery as a reason for their divorce often believe that, as one party feels cheated and betrayed, that party is entitled to a larger divorce settlement. This is not the case.

When the courts determine how a couples assets should be apportioned, they consider various factors laid out in s.25 of the Matrimonial Causes Act 1973. The relevant factor applicable to adultery is the conduct of each of the parties which has to be such that it would be inequitable for the courts to disregard it.

The bar for conduct to be taken into account is extremely high. The types of behaviour which may cross the threshold include domestic violence or attempted murder. As such, it is highly unlikely that the court would ever consider adultery as a factor which impacts the divorce settlement. Indeed, it is extremely rare that any reason for a divorce would ever be taken into account by the court when dividing assets.

The courts role is not to pass moral judgments on individuals, but rather to bring about the fairest outcome to enable both parties to move on with their lives.


Will conduct affect the financial division?

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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