In light of the recent CEO and HR Manager cheating scandal that is taking the internet by storm, it draws the mind to the consequences of such affairs on the relationships and marriages of the individuals involved. Sometimes life throws curveballs and you are left with a broken relationship and no idea where to turn. Roythornes can offer support during an undeniably stressful time, and within this blog we explore adultery and the impact on divorce, settlement and child arrangements.
What is adultery?
In legal terms, adultery is the voluntary act of sexual intercourse between a married person and someone who is not their spouse. Therefore, any actions outside the scope of this sexual relationship does not constitute adultery under English Law.
Is adultery a ground for divorce?
In April 2022, “no fault divorce” was introduced. Now, there does not need to be a reason for divorce. The individual applying for divorce only needs to state that the marriage has broken down irretrievably, meaning the marriage is beyond repair. No evidence or reasoning is needed to prove this.
Prior to the introduction of no fault divorce, adultery was a ground for divorce. Some would say that by removing the need to provide a reason for divorce, other than the marriage’s irretrievable breakdown, it reduces the conflict and animosity that can naturally accompany a separation and divorce, and increases the chance for parties to act as amicably as possible.
Does adultery affect the financial settlement of a divorce?
The key concern of any Court in dealing with financial settlement in divorce is meeting the needs of the parties. The fact that a party of the marriage has been unfaithful does not impact this, and does not disinherit the fact that their needs need to be provided for post-divorce. This was also the case prior to the introduction of no fault divorce. In rare circumstances, if the matrimonial funds were spent recklessly and extravagantly to conduct an affair, it may slightly impact the settlement. This would, however, require highly supportive evidence.
Roythornes are experienced in providing support and advice surrounding financial settlement under any circumstances. Although the law does not heavily take into account adultery, you will be sure to find compassionate lawyers who understand the difficulties you face.
How does adultery affect the children and child arrangements?
It is important that the any hostility that may occur during divorce proceedings does not take prevalence over the wellbeing and best interests of the children of the marriage. The utmost important consideration of the Court and lawyers is the wellbeing of the child and so when contemplating child arrangements, this will be a key factor to consider. Adultery will not be considered a reason that a child should not spend time with a parent, unless such affair or new relationship exposes the to situations which put their safety at risk.
Roythornes offers expert advice and support with child arrangements both during and after a divorce. If you need guidance or have any concerns, please don’t hesitate to get in touch with our dedicated Family Team.