Adultery is one of the most common reasons a marriage ends, so it is natural to assume it will shape the divorce. Under the no-fault divorce rules introduced by the Divorce, Dissolution and Separation Act 2020, it does not.
Adultery is no longer a basis for divorce, and in almost every case, it has no effect on who gets what or where the children live. However, public perception has not entirely caught up with this reality.
This guide covers adultery and divorce in England and Wales.
The short answer. Since 6 April 2022, adultery and divorce are legally separate issues in England and Wales. You cannot cite adultery as a reason for divorce; you do not need to prove it, and it almost never changes the financial settlement or the arrangements for children. One potential exception is where a spouse has deliberately dissipated significant matrimonial assets in connection with the affair.
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Does adultery affect divorce in England and Wales?
No, adultery does not affect how you get divorced, and it very rarely affects the outcome. The only legal ground for divorce is that the marriage has broken down irretrievably, which you confirm with a statement in your application. You do not have to say why, and your spouse cannot defend the divorce by arguing about who was at fault.
From some of the enquiries we receive, many people assume an affair will change the settlement or the arrangements for children. In practice:
- The divorce itself: adultery plays no part in the application or how it progresses.
- The financial settlement: adultery is almost never taken into account, unless family money was spent on the affair.
- Children: the court only considers an affair if it has affected a child’s welfare.
If your spouse will not make a joint application, you can apply on your own and they cannot stop the divorce. Our guide to no-fault divorce explains the process.
What is adultery in UK law?
In law, adultery is voluntary sexual intercourse between a married person and someone of the opposite sex who is not their husband or wife. Kissing, sexting and virtual sex have never legally counted as adultery, and under the old rules sex with someone of the same sex was not adultery either, even within a same-sex marriage. These distinctions have little practical significance today because adultery is no longer relied upon in divorce proceedings.
Before 2022, these definitions mattered because adultery was one of the facts used to prove a marriage had broken down. Since no-fault divorce, you do not need to give a reason or any proof, so the definition now has little practical effect.
Does sexting, online or emotional cheating count as adultery?
No. Emotional affairs, intimate messages and online relationships are not adultery in law, because adultery requires sexual intercourse. They may still be the genuine reason your marriage has ended, but you do not need to label or prove them to get divorced.
Can you still divorce for adultery?
No, you can no longer divorce “on the grounds of adultery”. Under the old law, adultery was one of five facts used to prove the single ground of irretrievable breakdown, alongside unreasonable behaviour, desertion, two years’ separation with consent and five years’ separation.
Since 6 April 2022, you cannot cite adultery in your divorce application, and you do not need to prove it, so hotel bookings, witnesses or a signed admission are no longer needed. Previously, only the “wronged” spouse could rely on adultery; now either of you can apply, or you can apply together.
Does adultery affect a divorce settlement?
Very rarely. The court’s priority is making sure the needs of both of you, and of any children, are met. It considers factors such as the length of the marriage, each person’s income, earning capacity and resources, and the children’s needs. Adultery is not one of those factors. Our divorce settlement lawyers can explain how they apply to you.
The Matrimonial Causes Act 1973, section 25 allows the court to consider a spouse’s behaviour in limited circumstances, but the threshold is very high. An affair on its own is unlikely to affect a financial settlement. The court is far more concerned with meeting the parties’ and children’s financial needs.
Can money spent on an affair be taken into account?
Potentially, yes. If one spouse has spent significant family money on an affair, for example on gifts, holidays or supporting a new partner, the court can treat that money as still available and “add it back” when dividing the assets. In one reported case, a husband who had dissipated family assets was not allowed to fritter money away and then claim a share of what was left as if he had behaved reasonably. Ordinary spending during the marriage does not count.
My ex is living with their new partner: how does this affect our settlement?
It is more likely to affect spousal maintenance than the division of other assets. If a new partner contributes to household costs, your ex may need less, which can reduce maintenance or justify varying an existing order, and maintenance ends automatically if the receiving spouse remarries. Read more about spousal maintenance.
Who pays for the divorce if there was adultery?
The person who applies pays the court fee and adultery does not change that. On a joint application, you can agree how to share the fee, and you may be able to get help with fees on a low income. Each spouse normally pays their own legal costs; our guide on who pays for a divorce in the UK explains more.
Does adultery affect child arrangements?
No, adultery on its own does not affect arrangements for children. There is no such thing as “child custody” in English law, and if the court becomes involved, the child’s welfare is its paramount concern under the Children Act 1989, section 1.
An affair would only be relevant if it harmed the child, for example, through exposure to inappropriate situations or to someone who posed a risk. The court will usually regard an ongoing relationship with both parents as beneficial, provided it is consistent with the child’s welfare and safety, so a parent who had an affair is not at a disadvantage in seeing their children. Our guide to applying for child arrangements explains how these decisions are made.
Is it adultery if you are separated?
Yes, legally it is still adultery if you have sex with someone else while separated but still married, because the marriage continues until the final order. In practice, it makes no difference to your divorce, and a new relationship will not normally affect your settlement unless you move in together.
Is adultery a crime in the UK?
No, adultery is not a crime in England and Wales, and there are no criminal penalties for cheating on a spouse. Adultery and divorce are matters of family law, not criminal law.
My husband or wife cheated: what are my rights?
Your rights are the same as in any other divorce. Many people believe a spouse who cheats should receive less, but it is incredibly rare for adultery to affect how finances are divided. The court looks instead at the length of the marriage, the children’s needs, and each spouse’s needs, income, savings and contributions.
What you can do is protect your position: keep copies of financial documents, note any unusual spending and take advice before agreeing anything. Our page on your rights on divorce sets out what you may be entitled to.
I committed adultery: what happens, and should I admit it?
The affair will not decide your divorce. Clients who have had an affair often ask whether infidelity during separation could affect arrangements for children. The reason a marriage broke down is not taken into account in divorce or children proceedings, and the court will not penalise you for an affair or stop your children seeing you because of it.
You have no obligation to admit adultery, as it is not needed to get divorced and is very rarely relevant to the finances. Be honest with your own lawyer, though, and declare in your financial disclosure if you live with, or plan to live with, a new partner, because that can affect your financial needs.
Frequently asked questions
What is the difference between cheating and adultery?
Adultery is a legal term covering only sexual intercourse between a married person and someone of the opposite sex, while cheating can mean any betrayal. Emotional affairs, sexting and same-sex relationships can be cheating without being adultery in law.
What counts as adultery in a divorce?
Adultery no longer needs to be proved or even mentioned in a divorce application in England and Wales. Before April 2022, it required sexual intercourse with someone of the opposite sex, proved by an admission or evidence.
Does the cheating partner pay the divorce fees?
No, the person who applies for the divorce pays the court fee, whoever had the affair. On a joint application, you can agree how to split it.
Should I divorce after infidelity?
Whether to divorce after an affair is a personal decision, and the law does not require you to make it quickly. Taking time or trying counselling will not harm your legal position, but early advice on your finances helps you understand your options.
Can I sue the person my spouse had an affair with?
No, English law does not allow you to sue the person your spouse had an affair with. Any remedy lies within your divorce and financial settlement.
Talk to an experienced divorce lawyer
Our divorce lawyers deal with the aftermath of affairs and focus on what the law actually allows, not what television suggests. Whether you have discovered an affair or had one, we can explain where you stand on the divorce, your finances and your children.
Your first 30-minute consultation is free and confidential. Call 0800 321 3832 or speak to a divorce lawyer to talk through your circumstances and how we can help.
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This article was written by expert divorce and family law solicitor, Gemma Scourfield, based in Haverfordwest, Wales. Gemma qualified in 2007 and acts on behalf of clients across Wales, the UK and internationally.
This article explains the law of England and Wales. Divorce is dealt with differently in Scotland and Northern Ireland. It is general information, not legal advice on your circumstances.
Last reviewed: 29th October 2026
