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

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.

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Adultery has not been a crime in England and Wales since the introduction of the Matrimonial Causes Act in 1857 (now superseded by the Matrimonial Causes Act 1973).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