What Is Adultery And Is It Illegal? Everything You Need To Know.

Share this post

Discovering that your partner has committed adultery can destroy a marriage. Many will fail to understand why their partner has been unfaithful and will be left with numerous questions regarding their options.

If you are considering a divorce, you can find out more information on our divorce page, or you can book a consultation with a divorce solicitor by calling 0203 007 5500.

What does adultery mean?

Adultery is also commonly known as “cheating”, “being unfaithful”, or “having an affair”.

The meaning of adultery within case law is:

  • A married man having sexual intercourse with a woman other than his wife.
  • A married woman having sexual intercourse with a man other than her husband.

This means that a person has not been adulterous in one of the following circumstances:

  • There’s a non-marital relationship, but they haven’t had sexual intercourse.
  • There has been sexual intercourse, but it’s with someone of the same sex.

This narrow definition in law is often unexpected. With the adaption of societal norms, unfaithful behaviour covers a much wider array of scenarios.

Talk to us now.

Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.

Is adultery a crime?

Adultery has not been a crime in England and Wales since the introduction of the Matrimonial Causes Act in 1857 (now superseded by the Matrimonial Causes Act 1973).

Adultery was previously stated as one of the five legal grounds to cite a divorce. However, since April 2022 these grounds were retired, and a new “no-fault divorce” was introduced.

Although adultery isn’t against the law, it doesn’t mean that adulterous behaviour is considered acceptable within society.

Can I divorce my partner for adultery?

Since the implementation of no-fault divorce, you no longer need to cite a reason when filing for divorce. Although, that’s not to say that adultery can’t be a reason why you want a divorce.

You don’t have to provide any reason for divorce now, other than a breakdown of the relationship.

For more information on the change to divorce proceedings, check out our no-fault divorce blog.

We understand the emotional turmoil that follows discovering that your partner has been unfaithful.

In this circumstance, the last thing you want to think about is the legal element of starting your divorce alone. Our divorce solicitors are here to help you every step of the way.

We’re here to help.

Call us to book your initial consultation.

Comments

i have committed adultery and have ruined many families and have done the most outrageous things to the wife. i don't know how to apologize and really don't think i need to. she should have been taking care of her man

by michele robinson May 4, 2024

Wow, man you're shameless.??

by Bradley Wynne October 15, 2024

Wow, you're shameless.????

by Bradley Wynne October 15, 2024

by Eliezer June 19, 2024

A man somewhat forced himself on me, but I trusted him when he said he was single. This was 28 June 2023. On 12 September 2023 he moved my things in his house - at first saw it as confirmation that he is serious about the relationship. For next 2 years, I kept asking him if he was having sex with other women and how many... he would insult me, shout and sweat, pushed me against doors and walls ... On 29 August 2025, I found texts on his phone with women, him asking them to send him a cheeky photo of her pussy with legs spread ...he kept texting to at least 2 women at the same time for over 2 years ... he continues to deny he has ever had any sexual contact with them ... today, he locked the door - I begged him to unlocked it, he watched and laughed, for easily 5 - 10 minutes, and left the house, with doors locked with me in the house. He texted me yesterday and day before that I am the only one he loves and cares about. But last night and this morning he kept pushing me with force - he wanted me to fall on the ground, but I managed to keep my balance. Because of him, last 2 years I have refused several well paid jobs, because he does not want me to work at all. But right now, he has been texting me that I must leave his house now. When he moved me in to his house on 12 September 2023, he did not want me to work, and I was without an income for 11 months, but I kept spending my savings, buying groceries, and clothes for him - not for me. I have spent close to £1000 per month. I started working but only 12 hours per week, earning under £1000 per month - this money is also used for groceries and things for him. At the moment, because he has made me spent all money in last 2 years, I am not financially able to move out. Do I have any right to stay at the house at least for a few weeks until I save some money to be able to leave ? Is there any law against him having been having unprotected sex with women for over 2 years and then making me have unprotected sex with him ? He asked a woman to come to his house after I left for work, and texted her that she needed to be gone by midday when I get back. Thank you for your consideration. Andrea V.

by Andrea V. October 3, 2025

Hello Andrea, thank you for commenting and sorry to hear about your circumstances. In this situation, it may be better speaking directly to the police, or to contact a specialised charity that can offer support, such as https://riseuk.org.uk/

by Sasha Brigden October 6, 2025

Adultery is a sin

by Success October 22, 2025

Leave a comment Your email address will not be published.