Since the introduction of no-fault divorce, adultery and divorce no longer directly affects the ability to start divorce proceedings. There is now a single ground for divorce – the irretrievable breakdown of the marriage.
My spouse has been having an affair, can I divorce them for adultery?
If you believe your spouse’s adultery has caused the marriage to have irretrievably broken down, you can commence divorce proceedings. This is done by signing the “statement of irretrievable breakdown” in the divorce application.
It is only possible to commence divorce proceedings if you have been married a year or more.
In some cases, couples therapy and counselling can play a crucial role in healing a marriage after infidelity. These services can help couples address underlying issues and develop strategies for rebuilding trust.
What are the grounds for divorce?
The only ground for divorce today is the irretrievable breakdown of marriage.
An irretrievable breakdown of marriage indicates a relationship that has deteriorated to a point where it cannot be restored or repaired.
It is similar to irreconcilable differences. These are differences between a couple that cannot be fixed or corrected.
An irretrievable breakdown can encompass various underlying reasons without requiring specific fault to be assigned. The no fault system now focuses less on the reasons for the breakdown, and more on the ending of a relationship with less conflict.
It is no longer necessary to rely on adultery, unreasonable behaviour, desertion, or separation.
What is a Statement of irretrievable breakdown?
This is a formal statement made by one or both parties in an application for divorce or dissolution that the relationship has irretrievably broken down.
It is taken as conclusive evidence of the fact that the marriage or civil partnership has broken down, and is beyond repair. No other evidence, proof or specific details are required.
What are the stages in a divorce?
The divorce process in England and Wales has 5 main stages which are as follows:
The first stage is when the divorce process begins with the filing of a divorce application either on a sole or joint basis.
The second stage is where the Respondent is given 14 days to respond to the Divorce Application by returning an Acknowledgment of Service form.
The mandatory 20-week cooling off period is the third stage in the divorce process.
After 20 weeks has elapsed it is possible to move onto the fourth stage and apply for a Conditional Order. The Conditional Order confirms that a person is entitled to a divorce, but they still must wait at least 6 weeks and 1 day before they can apply for the Final Order to end their marriage.
The fifth stage is reached once at least 6 weeks and 1 day has elapsed. At this point the Final Divorce Order can be pronounced. Once granted, the divorce or dissolution is final and cannot be undone.
Does adultery affect a divorce settlement?
Adultery does not affect a divorce settlement or asset division. An act of infidelity itself does not carry any legal or financial penalty. Factors that do affect a divorce settlement and the division of assets include:
- The welfare of any minor children, and who cares for them.
- The ages of the parties and the length of the marriage.
- The financial needs of the parties, and the available resources.
- The financial and non-financial contributions made by the parties during the marriage.
- The standard of living enjoyed during the marriage.
Can bad behaviour affect a divorce settlement?
Bad behaviour is rarely taken into account when determining financial settlements in divorce. The bar for considering misconduct is very high and it must be “gross and obvious” and be inequitable to disregard. Examples include attempted murder, grievous bodily harm, incest, or hiring a contract killer. Financial misconduct like gambling away life savings, fraud, or reckless spending can be taken into account, but still rarely. The conduct must be extreme and proven to have a significant impact on the financial situation.