The Impact of Adultery on Divorce in the UK
Adultery has long carried legal and emotional weight in divorce proceedings - sometimes shaping the entire narrative, other times used strategically as a ground for ending the marriage. But since the introduction of no-fault divorce in 2022, its legal significance has been dramatically reduced. While adultery as a ground for divorce was somewhat common before the new divorce laws, these days, couples no longer need to cite infidelity - or indeed, any specific wrongdoing at all - to bring a marriage to an end.
Still, the question persists: does adultery affect divorce in the UK? And perhaps more pressingly - should it? Many clients come to us wondering whether an affair will impact the financial settlement, legal fees, or custody arrangements. Others want to know whether they can use adultery as a formal ground for divorce, or whether it affects who “wins” in the eyes of the law (spoiler: it usually doesn’t).
This guide unpacks everything you need to know about adultery in the context of modern divorce: how it’s defined, when it matters, and why - despite the emotional fallout - it rarely carries the legal consequences people expect.
Adultery and Divorce: Does It Still Matter Under the New Law?
The short answer is: not in the way many people expect. Since the introduction of no-fault divorce in England and Wales under the Divorce, Dissolution and Separation Act 2020, couples no longer need to cite adultery - or any other form of “bad behaviour” - to file for divorce. This change, which came into effect in April 2022, marked a significant shift: divorce can now be granted without assigning blame to either party.
So while adultery may still carry emotional weight (and sometimes financial implications, which we’ll explore shortly), it is no longer required - or even relevant - as a formal reason for the legal dissolution of a marriage. That’s important. Because we still hear people ask, “Does adultery affect divorce in the UK?” And the answer, legally speaking, is far more limited than it used to be.
What Counts as Adultery?
In legal terms, adultery means a married person has had sexual intercourse with someone of the opposite sex outside of the marriage. That definition - perhaps surprisingly - doesn’t include emotional affairs, sexting, or even sexual activity that doesn’t involve intercourse. Nor does it account for same-sex infidelity (though this is an evolving area of interpretation).
With no-fault divorce now the standard route, adultery no longer needs to be proven or acknowledged for the divorce to proceed. In fact, if one partner wants a divorce, that’s enough - both parties no longer have to agree. So even if the adultery is undisputed and deeply hurtful, its impact on the legal process is now largely procedural, not punitive.
That said, some parties still want adultery formally recognised in proceedings - not necessarily for revenge, but to document events that feel morally important. That’s valid. However, under the new law, it’s not a factor that determines whether the divorce can happen.
Does Adultery Affect the Divorce Settlement?
This is where things get more complicated. People often assume that being “the wronged party” entitles them to a better deal - more money, more assets, less spousal support paid. Unfortunately, in the UK, the financial settlement process is rarely so black and white.
The court’s approach to dividing assets is governed by fairness and needs, not blame. Unless the adultery has had a tangible impact on the family’s finances (for example, if marital assets were spent on a new partner), it’s unlikely to influence the outcome.
We understand why this can feel frustrating. If your spouse has betrayed your trust and the marriage has broken down because of it, the idea that they could still walk away with half the marital assets might feel like a second betrayal. But under UK law, the emotional context of the divorce usually doesn’t sway the financial decision - the focus remains on what each party reasonably needs, especially where children are involved.
There are exceptions, but they’re rare. The threshold for “conduct” to influence a financial settlement is high; it must be “gross and obvious,” and even then, it typically refers to financial misconduct or extreme behaviour rather than infidelity alone.
Who Pays for a Divorce Caused by Adultery?
Again, no-fault divorce means there's no official “cause” to pin the blame on. So when people ask: who pays for a divorce if adultery is involved in the UK? The answer is: it depends on what’s agreed between the parties.
In some cases, the person who initiates the divorce may ask for the other to cover legal fees - especially if they feel morally justified in doing so - but there is no automatic entitlement. If both parties instruct solicitors, each will typically pay their own legal costs. However, costs orders can be applied for, and occasionally granted, in cases where one party behaves obstructively or unreasonably (refusing to engage, delaying proceedings, etc.).
But adultery alone? That’s not considered unreasonable conduct under the no-fault framework. So unless there’s a separate and compelling reason, each party will likely be responsible for their own fees.
Does Adultery Still Have Any Legal Relevance?
Yes - but usually in ways that are more technical than emotional.
Adultery might still be relevant if there’s a dispute about the date of separation, or if financial proceedings hinge on exactly when a relationship ended. In rare situations, it can also influence things like housing needs - say, if a new partner moves in with one party and changes the financial picture, however, this is an indirect circumstance and does not flow from the act of adultery itself.
Emotional Justice vs Legal Reality
Many people conflate emotional justice with legal justice - understandably so. Divorce is not just a legal matter; it’s often a devastating personal upheaval. But it’s crucial to distinguish between the two. The law doesn’t deal in betrayal, heartbreak, or moral reckoning; it deals in evidence, equity, and practical outcomes.
So if you’ve discovered infidelity and you’re reeling - especially if it’s recent and raw - know that you can pursue closure, fairness, and support. But it might not come in the form of a bigger financial settlement. Instead, focus on ensuring your future is protected through careful planning and legal clarity.
We know this isn’t easy. If you need support for navigating divorce proceedings, our team is here to provide level-headed, compassionate legal advice tailored to your circumstances. We won’t sugar-coat the process, but we’ll make sure you’re empowered to make decisions with clarity and dignity.
