Before no fault divorce was introduced in April 2022, a specific reason needed to be given for divorce, including adultery. Some people do consider micro and emotional cheating to be adultery. However, no fault divorce removed the need to attribute blame in divorce, and the only reason needed for your formal divorce application is the ‘irretrievable breakdown’ of the marriage.
Although it is not typically a physical affair, micro cheating is a breach of trust and some couple struggle to recover from this. It can also be ‘the straw that breaks the camel’s back’ in already struggling relationships.
It is incredibly painful to find that your partner has conducted an affair, whether micro, emotional or physical.
Ending your relationship is a big decision that will need time to consider. It is important you have the right legal support to help you navigate thoughts around divorce and help you if you decide to end your marriage. At Stowe Family Law, we can also point you in the direction of other support, such as discernment counselling, or a divorce coach.
The legal process of divorce is the same for every couple, regardless of the reason for your marriage breakdown.
The division of finances works in the same way. This means you cannot use the fact that your spouse conducted an affair, whether physical, emotional, or micro, against them in order to get a settlement in your favour.
In England and Wales, financial settlements are based on needs. The living, housing, child costs of each party will be factored in.
It is preferable if you can arrange your finances between yourselves, and have the agreement drafted into a financial consent order by a family lawyer. However, if you are not amicable, you may be able to use other methods to come to an agreement, for example mediation, hybrid mediation, or arbitration.
When completing legal forms, and conducting financial negotiations, you may be asked about the ‘behaviour’ of the other party. Behaviour rarely affects the outcome of a financial settlement, and it is limited to their financial conduct, not whether they had an affair.
Like your finances, you cannot necessarily use the fact that micro cheating was the downfall of your relationship to get more time with your children.
The court will always prioritise the wellbeing of the children. It is unlikely that micro cheating would be considered detrimental to the children’s wellbeing.
However, if there are safeguarding issues, this needs to be reported to your lawyer as soon as possible, and they will guide you through and help you access other support.
If you are struggling in your relationship because of micro or emotional cheating, you may wish to seek professional support. For example:
If you decide to divorce, our expert lawyers here at Stowe are on hand to guide you through every step of the process.
We also have a partner divorce coach programme. Read more about the programme, the benefits of divorce coaching, and contact a coach.
Family Lawyer Liza Gatrell at Stowe Family Law shares her top tips on how to prepare for your first meeting with a divorce lawyer.
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