Since the introduction of no-fault divorce in April 2022, there is no longer any need to assign blame or cite specific reasons, such as adultery, when applying to end a marriage or civil partnership.
What this means in practice:
- You don’t need to mention the affair when applying for divorce.
- The court won’t penalise one party for having cheated.
- Adultery is unlikely to influence outcomes unless it directly affects finances or the welfare of children.
In short, the legal process focuses on bringing the marriage to a close fairly, not on punishing past behaviour.
Financial Settlements: Is Cheating a Factor?
Generally, the family courts do not consider infidelity when deciding how to divide financial assets. The emphasis is on each party’s needs and contributions, not conduct.
However, there are exceptions where an affair could become relevant:
- If joint funds were used to finance the affair, for example, through expensive gifts or travel.
- If one party’s actions have caused financial hardship or reckless depletion of assets.
- If the person who had the affair is now cohabiting with a new partner, this could affect their financial needs.
That said, spousal maintenance is awarded based on financial necessity, not fault. Having had an affair does not disqualify someone from receiving maintenance, unless they remarry.
What About the Children?
Understandably, many parents worry about how an affair might impact arrangements for their children. The court’s guiding principle is the best interests of the child, not the relationship history of the parents.
Key considerations:
- An affair won’t automatically affect parental rights or contact.
- The exception is where a new partner or relationship creates risk, instability, or emotional harm.
- The court will intervene if a child’s welfare is compromised.
Taking the Next Step: Protecting Yourself
You may feel overwhelmed or unsure of what to do next. Every situation is different, some couples choose to rebuild with professional support, while others find that trust cannot be restored.
If you’re facing this situation, we recommend:
- Keep a clear record of financial activity or significant conversations.
- Minimise conflict, especially where children are involved.
- Don’t make rushed decisions, take time to think clearly.
- Seek legal advice early to understand your rights and options.
We’re Here When You’re Ready
At FJG Solicitors, our Family Law team combines legal expertise with a compassionate, pragmatic approach. If you’re dealing with the fallout of an affair and considering separation or divorce, we’re here to help you make informed decisions about your future.
Get in Touch
Charlotte Knappett is a Partner and Head of our Family team specialising in divorce & separation, private children law and domestic abuse.
If you have any queries on the above subject, please do not hesitate to get in touch with Charlotte on 01206 217588 or complete our online enquiry form.