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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.
For more information, please visit our divorce page. Furthermore, if you want to contact a divorce solicitor today, please call us directly on 020 3007 5500.
%
of divorces cite adultery
What does adultery mean?
The meaning of adultery within case-law is:
- A married man having sexual intercourse with a woman other than his wife; or
- A married woman having sexual intercourse with a man other than her husband.
Surprisingly, this means that a person has not committed adultery in one of the following circumstances:
- Extramarital relationship but do not have sexual intercourse
- Sexual intercourse, but with someone of the same sex.
This narrow definition is unexpected to many and can limit its usefulness as a ground for divorce (as discussed below).
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Is adultery a crime?
Since the introduction of the Matrimonial Causes Act in 1857, adultery has not been a crime in the United Kingdom. However, that does not mean that it’s acceptable.
Adultery used to be one of the five grounds to cite a divorce. However, this is no longer the case.
Can I divorce my partner for adultery?
Previously, adultery was one of five grounds for divorce in the United Kingdom, all arising from an “irretrievable breakdown” of the marriage. These grounds were as follows:
- Living apart for more than two years (with the consent of divorce);
- Living apart for more than five years (with no consent of divorce);
- Desertion;
- Unreasonable behaviour; and
- Adultery.
However, 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. Now, you just don’t have to prove it.
For more information on the change to divorce proceedings, check out our no-fault divorce blog.
How can I prove adultery?
The easiest way to prove adultery is for the unfaithful person to admit it. However, it’s easier said than done, with most people being unwilling to admit their unfaithfulness.
As noted in the aforementioned paragraph, you no longer need to cite a specific reason – like adultery – when filing for a divorce. Therefore, finding proof is no longer required.
Why contact Britton and Time Solicitors?
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. Therefore, our award-winning divorce solicitors are here to help every step of the way. In divorce cases, our solicitors will always first require an untimed initial consultation. In this consultation, we guarantee:
- Unlimited time to discuss the details of your case and ask any questions you may have.
- A clear outline of your legal standpoint and available options for your divorce.
- An upfront time and fee estimate for your divorce case.
If you’re looking to file for divorce, please contact email us via info@brittontime.com or or call through 020 3007 5500.
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