This is probably one of the hardest things that anyone will ever have to experience especially because the innocent party feels the hardest done by. Any marriage counsellor will tell you that it’s not as simple as that but whatever brought you to this point, ending a marriage because of adultery can be one of the hardest and most painful experiences that we can go through – and that’s true for both parties, in most instances.
So if this is you, what options do you have legally speaking?
How to navigate divorce as a result of adultery?
The first consideration to explore is the myth that often surrounds settlements in divorce court, due to adultery. Many people (mistakenly) think that they’re entitled to larger financial settlements as a result of being the innocent party in an adulterous marriage, however, this simply isn’t the truth. A full and holistic understanding of all the circumstances of divorce is considered by the court, not just who is to “blame”. It’s unfortunate, but you’re about to learn that there are very, very few cases in which anyone is truly blame-free.
Before you can bring a charge of adultery, you have to be clear on what is considered adultery in England and Wales and what isn’t.
Kissing, heavy petting, sexting/texting or virtual sex is not considered grounds for adultery in England and Wales and as humiliating and infuriating this can be for the other party, you’re going to have a hard time convincing any judge that you have solid grounds for entering a “by reasons of adultery” claim. Actual sexual intercourse had to have taken place to establish adultery as grounds for filing for divorce and if you’re in a civil partnership or same-sex marriage, you’ll have to find another reason for dissolution altogether as adultery is not grounds for termination or dissolution of your partnership.
What if I can’t prove that adultery has taken place?
In these circumstances, you will most likely be advised to submit a claim based on “unreasonable behaviour” by your partner. You will have to cite 4 or 5 examples of your spouse’s unreasonable behaviour and one of these could be the inappropriate relationship with a person outside of your marriage and without your knowledge or consent.
However, if your spouse is prepared to acknowledge their wrongdoing, then it’s virtually impossible for a judge not to grant the divorce petition.
Divorce due to any reason is traumatic and costly and if it’s not planned and executed properly, could wreck irreparable damage to your finances, so it’s crucial that you seek proper advice and counsel before making any decisions.
Easy Online Divorce can help you file for divorce without having to make a court appearance, online and from the comfort of your home. This could save you thousands of pounds and spare you the indignity of having to appear before a judge with your spouse present. Call us and speak with our expert advisors and who can guide you along this difficult path with sensitivity and professionalism.
