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What happens in a divorce if you commit adultery?
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Wondering what happens in a divorce if you commit adultery? It feels like it should change everything, but in England and Wales the legal reality is more nuanced. By the end of this article, you'll understand what happens, with guidance from our divorce specialists.
Does adultery affect divorce in the UK?
What happens in a divorce if you commit adultery in England and Wales?
Since April 2022, adultery no longer affects your divorce and very rarely changes a financial settlement. Adultery is no longer grounds for divorce in England and Wales, and on its own it usually has no effect on the outcome. Since the move to no-fault divorce, the reason a marriage ended isn’t part of the legal process. We understand the emotional weight of an affair can feel enormous, but the legal picture has shifted significantly in recent years.
It’s worth knowing that adultery has always had a precise legal meaning. Under the law, it was strictly defined as voluntary sexual intercourse between a man and a woman who were not married to each other. That narrow definition meant same-sex physical relationships and non-penetrative acts never legally counted as adultery, and were historically dealt with under ‘unreasonable behaviour’ instead.
Since the Divorce, Dissolution and Separation Act 2020 came into force in April 2022, England and Wales operate a no-fault divorce system. This means neither spouse has to prove wrongdoing or assign blame. To end a marriage, you simply confirm that it has irretrievably broken down, nothing more.
Until no-fault divorce, adultery was one of five ‘facts’ you could cite to prove a marriage had broken down. Today, the reason your marriage ended – whether adultery, growing apart, or anything else – is simply not something the court asks about in the divorce application.
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Can you still cite adultery in a divorce?
No, under the current process, there’s no place to name adultery, or any other reason, as the basis for your divorce application.
Couples now apply using a single, straightforward statement that the marriage has broken down beyond repair. You can apply on your own or jointly with your spouse. There’s no requirement to explain why, and your spouse can no longer contest the divorce simply to dispute the reason.
For many people, this comes as a relief. The old system often added conflict at an already painful time. The new approach keeps the legal process calmer, even when the circumstances behind it are anything but.
How does adultery affect a divorce settlement?
In nearly all cases, adultery does not affect how money and property are divided. Financial settlements are governed by the Matrimonial Causes Act 1973.
When deciding how to split assets in a divorce, the court works through a set of considerations known as the Section 25 factors. These include each persons:
- Needs
- Income
- Earning capacity
- The length of the marriage
- The welfare of any children
Does living with a new partner affect the financial settlement?
Sometimes, but usually not because of the affair itself. What can matter is whether one spouse is now in a settled, cohabiting relationship.
If you’re living with a new partner, the court may take that into account when assessing financial needs. The reasoning is practical rather than moral. Where a new partner contributes to household costs, you may need less financial support than you otherwise would. Similarly, their income may be taken into account when calculating your need as you will jointly have a greater mortgage raising capacity.
So, the question isn’t “Who was unfaithful?” It’s “What does each person realistically need going forward?” A serious, cohabiting relationship can shift that answer. A brief affair that’s already over usually won’t.
Judit Kerese, a Senior Associate at our family law office in Cardiff, says:
“It is imperative that you are open and honest about your circumstances during the divorce process which includes whether you are in a new relationship or if you live with a new partner.
“It is however important to consider the potential consequences of cohabitation, and as such, it is best to seek legal advice early on to understand how this may impact on your financial settlement.”
What about the money spent on an affair?
Here’s where adultery occasionally does become relevant in a divorce – through what’s known as financial infidelity or ‘wanton and reckless’ spending.
If a spouse spent significant marital money on an affair, lavish trips, gifts, or hidden accounts, the court may decide to add back those funds. This means treating the spent money as though it’s still part of the pot to be divided, so the other spouse isn’t unfairly disadvantaged.
If you suspect your spouse has been hiding or wasting money, our guide to financial infidelity offers a fuller picture of what to look for and where you stand.
A few points are worth understanding:
What about the money spent on an affair?
Here’s where adultery occasionally does become relevant in a divorce – through what’s known as financial infidelity or ‘wanton and reckless’ spending.
If a spouse spent significant marital money on an affair, lavish trips, gifts, or hidden accounts, the court may decide to add back those funds. This means treating the spent money as though it’s still part of the pot to be divided, so the other spouse isn’t unfairly disadvantaged.
If you suspect your spouse has been hiding or wasting money, our guide to financial infidelity offers a fuller picture of what to look for and where you stand.
A few points are worth understanding:
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The spending must be reckless or deliberate
The court won’t add money back simply because one spouse spent freely. The spending has to be reckless, deliberate, or designed to reduce what the other person might receive.
In Norris v Norris [2002], a judge added back £250,000 that the husband had spent on extravagant living and holidays with his new partner, treating that sum as though it were still available to divide.
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Ordinary spending doesn't count
Disapproval alone isn’t enough. Courts won’t penalise a spouse just because they dislike how money was used.
In MAP v MFP [2015], significant personal spending wasn’t added back because it reflected the husband’s character and lifestyle rather than a deliberate attempt to reduce his wife’s claim. The line the court draws is between genuine financial misconduct and choices that somewhat mirror the usual habits of the party.
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Hiding assets is taken seriously
Deliberately concealing money is a different matter. Where one spouse hides or disguises assets, that behaviour can amount to conduct the court is willing to take into account, and it may affect the final outcome. Full and honest disclosure is expected from both sides, and the courts take a dim view of anyone who tries to sidestep it.
Does adultery affect child living or contact arrangements?
No. If you’re worried that an affair will count against you when it comes to your children, you can set that fear aside. Adultery has no bearing on child arrangements in England and Wales.
When deciding where children live and how they spend time with each parent, the family court is guided by the Welfare Checklist set out in the Children Act 1989. Its sole focus is the best interests of the child, not the personal conduct of either parent. The court isn’t there to punish moral failings or infidelity.
The only exception is where an affair brings a direct safeguarding risk to the children, for example, if there are genuine concerns about the new partner. In practice, this is extremely rare. For the vast majority of families, the fact that one parent had an affair is not relevant to the decision about contact or living arrangements.
Common myths about adultery and divorce
A lot of what people believe about adultery and divorce simply isn’t true. These misconceptions can cause unnecessary worry, so it helps to clear them up. If these misconceptions sound familiar, you’re far from alone, and it’s worth separating fact from fiction before they take root.
Check out our top ten myths of adultery and divorce to find out more.
Common myths about adultery and divorce
A lot of what people believe about adultery and divorce simply isn’t true. These misconceptions can cause unnecessary worry, so it helps to clear them up. If these misconceptions sound familiar, you’re far from alone, and it’s worth separating fact from fiction before they take root.
Check out our top ten myths of adultery and divorce to find out more.
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Myth: The innocent spouse automatically gets more
Reality: The court does not reward or punish spouses based on an affair. Financial decisions are usually based on needs, fairness and the overall circumstances.
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Myth: The spouse who cheated pays for the divorce
Reality: The applicant pays the court fee. Adultery does not automatically shift that cost.
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Myth: Kissing or texting counts as adultery
Reality: Legally, adultery has a narrow definition, and under no-fault divorce, it no longer determines whether you can divorce.
Can you recover from an affair?
What should I do if my spouse is having an affair?
Discovering an affair is difficult, and it’s easier said than done, but try not to make major decisions in the heat of the moment. A few practical steps can help you regain your footing:
- Give yourself time: You don’t have to decide the future of your marriage today
- Consider support: A counsellor or trusted friend can help you process what you’re feeling
- Get clarity on your finances: Understanding your position early puts you in a stronger place, whatever you choose
- Seek legal advice when you’re ready: A clear picture of your options removes a lot of uncertainty
You’re not alone in this. Our guide on what to do if your spouse is having an affair walks through these steps in more detail.
Emotional vs physical affairs – Does it make a difference legally?
Legally, in England and Wales, the distinction barely matters anymore between an emotional or physical affair.
The old legal definition of adultery applied only to physical intercourse between a man and a woman. Emotional affairs, sexting, and same-sex relationships fell outside that narrow definition. Under no-fault divorce, the distinction has lost almost all practical relevance, since no type of affair needs to be named or proven to end a marriage.
What can still matter is any reckless behaviour in relation to finances, such as money spent on a relationship.
If you’d like to understand the emotional side better, our article on what an emotional affair is offers a helpful starting point.
Where to go from here
The hardest part of an affair is rarely the legal process, but is usually the emotional pain. The law is now built to keep the divorce itself amicable.
If you’re unsure what comes next, you don’t have to work it out alone. A solid support team around you is hugely important. Our family law team can help you understand your options and move forward with confidence. We can also recommend other professionals, such as divorce coaches, who can help you manage your emotions and give you an outlet for your grief.
Talk to our team today to discuss your options.
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