Discovering your spouse has committed adultery can be devastating to your marriage.Whether the relationship was already struggling or it has come completely out of the blue, it is normal to feel betrayed and like you can no longer continue with the relationship.There are many misconceptions surrounding divorce, particularly where adultery is involved.So, below we have debunked 10 of the most common misconceptions
about divorce and adultery for you to consider if you are thinking about petitioning for divorce.
1. You do not have to state any reason to get a divorce
It is understandable that you may want to keep your reasons for divorce private.
However, this won’t be entirely possible. In England and Wales, divorce law is currently “fault” based which means you must back up your decision to divorce with an acceptable reason.
There is 1 ground for divorce – the irretrievable breakdown of the marriage. To prove this, you must provide at least 1 of 5 possible facts:
- Adultery
- Unreasonable behaviour
- Separation for 2 years with consent
- Separation for 5 years, no consent needed
- Desertion
To successfully rely on adultery, your spouse must admit to it or you will have to prove it in court.
The Government eventually plans to scrap “fault” divorce in England and Wales, including the need to prove adultery. However, there are currently no timelines on when the law will change.
2. Adultery covers all types of sexual behaviour
Legally, adultery only covers sexual intercourse, which means behaviours such as kissing, webcam, virtual, and “emotional adultery” do not count for the purposes of getting divorced. This makes adultery very hard to prove if your spouse will not admit to it.
