Adultery and Divorce

Caught your spouse cheating and want a divorce but don’t know where to start?
Adultery is a difficult one because it’s very hard to prove unless the person admits it. If they don’t admit it and you don’t have any proof then you would still be able to apply for a divorce but on the grounds of unreasonable behaviour as opposed to adultery.
In this day and age cheating can be more than having sex with someone else but in English law to successfully divorce your spouse based on adultery there has to have been sexual intercourse between your spouse and someone of the opposite sex (unfortunately the law has not yet changed for same sex relationships). You further have to show that you find it intolerable to live with them due to the fact they have committed adultery. If your spouse has admitted to the adultery then the divorce itself is very straightforward.
Only the spouse who has not committed the adultery is able to issue the divorce. The person who committed the adultery cannot issue for divorce based on their adultery.
If you have suspicions but cannot prove that your spouse has had sex (for example they deny it) then you would be better to issue your divorce based on unreasonable behaviour as opposed to adultery.
If you are in a Civil Partnership and your partner has had an affair you will be able to issue a dissolution of your Civil Partnership based on unreasonable behaviour but not on adultery.
With adultery, if you have continued to live as a married couple for more than 6 months after finding out about the affair you will not be permitted to issue a divorce under adultery but again could issue based on unreasonable behaviour.
Whether its adultery or unreasonable behaviour that has led you to divorce you are likely feeling confused, hurt and angry. Getting support from a qualified solicitor is important in helping you make the right decision.
Barber & Co understand that you will be going through a very difficult time and offer support throughout what can often seem a daunting legal process. We help guide you through your divorce and offer a free 30 minute initial consultation with our head of Family Law Jacqueline Birkett.
Take the time to come and talk to us – our advice is good, because we listen.4365