Adultery & Divorce

A marriage lasts from the ceremony until decree absolute.  Any infidelity during marriage is adultery.  Following separation, one or both partners often forms a new relationship and this is legally classified as adultery, although not commonly regarded as such.

Adultery is one of the grounds upon which a divorce can be started immediately.  The court does not penalise adultery and it makes no difference to any financial claim whether a divorce is based on adultery or some other ground.

However, the word ‘adultery’ carries moral overtones and so we are as tactful as possible when suggesting that it is should be used as the ground for divorce.

If an instance of adultery is “condoned” it cannot be used as a ground later on.  For example, if one spouse has an affair and the couple then reconcile their marriage for more than 6 months, the past adultery cannot be thrown up as a ground for divorce.  It might, however, be considered part of a pattern of continuing unreasonable behaviour.

What our clients are saying:

ML - France

"I am so grateful to Mr Brookman and the team for having helped me start a new life. I don't believe that any other professional of such experience and reputation would have been involved with the dedication and knowledge as evident on my case - I was delighted with the outcome."