Does Adultery Affect Divorce Settlements in the UK?

Does Adultery Affect a Divorce Settlement in the UK?

With the introduction of no-fault divorce in the UK, adultery no longer plays a direct role in divorce proceedings. While it may feel morally significant, adultery is rarely considered when courts decide how to divide finances. The focus is on fairness, not blame.

What Is No-Fault Divorce?

Since April 2022, couples in England and Wales can divorce without assigning blame. The only requirement is a statement of irretrievable breakdown. This means you no longer need to cite adultery, unreasonable behaviour, or other specific reasons to end your marriage.

Does Adultery Affect the Financial Settlement?

In almost all cases, no. The court’s role is not to punish misconduct but to ensure a fair outcome based on the needs and circumstances of both parties.

Financial settlements are guided by Section 25 of the Matrimonial Causes Act 1973, which considers:

• The welfare of any children
• Each party’s income, earning capacity, and financial needs
• Contributions to the marriage (financial and non-financial)
• Standard of living during the marriage

Adultery is only relevant if it amounts to exceptional conduct - a very high threshold rarely met.

When Might Conduct Be Considered?

The court may consider conduct if it would be “inequitable to disregard” it. This is extremely rare and typically involves:

• Violence or abuse
• Attempted murder
• Serious financial misconduct

Adultery alone does not meet this threshold. Emotional betrayal, while painful, is not a legal basis for altering financial awards. The court’s 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.

Common misconceptions about adultery and divorce

“If my spouse cheated, I’ll get more money.”

False. The court does not award compensation for infidelity.

“Adultery affects who pays legal fees.”

False. Legal costs are usually borne by each party unless one behaves unreasonably during proceedings.

“I can sue my spouse for cheating.”

False. Adultery is not a criminal or civil offence in the UK.

Frequently Asked Questions

Q: Can I cite adultery in my divorce application?

A: Not under the current no-fault system. You only need to confirm the marriage has irretrievably broken down.

Q: Will the court punish my spouse for cheating?

A: No. The court focuses on financial fairness, not moral judgment.

Q: Can adultery affect child arrangements?

A: Only if it directly impacts the child’s welfare - very rare.

Q: What if my spouse spent marital money on an affair?

A: In some cases, this may be considered dissipation of assets, which could affect the settlement.

Our expert divorce solicitors can help you understand your rights and secure a fair financial outcome, regardless of the circumstances of your separation. Contact Vardags today for a confidential consultation.

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