Eleanor Finch
Adultery is defined as extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. While the sexual activities that constitute adultery vary, as do the consequences, the concept exists in many cultures and shares similarities in Judaism, Christianity, and Islam. Adultery is viewed by many jurisdictions as offensive to public morals and as undermining the marriage relationship. In the UK, adultery specifically refers to a married person having sexual intercourse outside of their marriage. Notably, this definition does not consider same-sex marriages. Adultery can have legal implications in divorce proceedings, including the division of assets and child custody, but it is not a criminal offence.
| Characteristics | Values |
|---|---|
| Legal definition of adultery in the UK | A married woman has sexual intercourse with a man other than her husband; a married man has sexual intercourse with a woman other than his wife |
| Same-sex affairs | Does not legally qualify as adultery |
| Divorce grounds | Adultery can be used as a ground for divorce |
| Divorce petition time limit | Must be filed within six months of becoming aware of the adultery |
| Division of finances | Adultery will not be considered; the decision will be based on factors such as combined assets and income, financial needs, needs of any children, length of marriage, etc. |
| Adultery and invasion of privacy | Publicizing an affair may result in a lawsuit for invasion of privacy |
| Deportation | Adultery is not grounds for deportation from the UK |
| Adultery and criminal punishment | Adultery is decriminalized in the UK, but it may have legal consequences in divorce proceedings |
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What You'll Learn
Adultery and divorce
Previously, adultery was a valid ground for divorce, but with the introduction of the 'no-fault' divorce law in April 2022, adultery is no longer a legal reason for divorce. Now, couples can apply for a divorce without assigning blame or providing specific reasons. While adultery may cause a marriage breakdown, it is not relevant in divorce proceedings.
However, adultery can still have implications for divorce negotiations, financial settlements, and child arrangements. It is important to note that adultery does not directly influence the legal outcome of divorce and separation, nor does it favour one partner over the other in divorce proceedings. The assets gathered in a marriage are divided based on income, earning capacity, financial needs, and other factors, rather than on the basis of adultery.
In very limited scenarios, adultery may impact financial matters if a partner has used significant marital funds to support an affair. Additionally, while adultery is typically not a factor in child custody arrangements, there are exceptions if the child's welfare and safety are at risk, or if the child was exposed to inappropriate situations involving the adultery.
If you are considering divorce due to adultery, seeking guidance from experienced divorce solicitors is advisable to ensure your rights are protected and emotions do not negatively influence the outcome.
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Adultery in same-sex marriages
In the UK, adultery is defined as a married man or woman having sexual intercourse with someone of the opposite sex. This definition does not take into account same-sex marriages. Therefore, a person in a same-sex marriage cannot commit adultery under UK law, even if they have sexual intercourse with someone outside of the marriage.
The current legal definition of adultery in the UK was established by the Matrimonial Causes Act 1973, when same-sex sexual relations had only recently been legalised and civil partnerships did not yet exist. While same-sex marriage is now legally recognised in the UK, the legal definition of adultery has not been updated to include it.
As a result, individuals in same-sex marriages who wish to divorce on the grounds of infidelity cannot cite adultery as the reason. Instead, they must seek a divorce on other grounds, such as unreasonable behaviour.
It is worth noting that civil partnerships, which grant same-sex couples similar rights and responsibilities to marriage, also cannot be ended due to adultery. However, unreasonable behaviour, which can include infidelity, is recognised as a ground for dissolving a civil partnership.
The UK's divorce laws regarding adultery and same-sex marriages have been criticised for not reflecting the current understanding of marriage and adultery. It remains to be seen whether the government will update its legislation to include same-sex adultery.
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Adultery and deportation
Adultery is not a criminal offence in the United Kingdom, and therefore cannot be a reason for deportation. The Matrimonial Causes Act of 1857 defines adultery as "the wilful and unlawful sexual intercourse of a man and woman who are not married to each other". Adultery is not illegal in the UK, but it can be grounds for divorce and might result in a battle for child custody.
In the UK, adultery specifically refers to situations in which a married woman has sexual intercourse with a man other than her husband, or a married man has sexual intercourse with a woman other than his wife. Notably, this legal definition does not take into account same-sex marriages. The current law was established by the Matrimonial Causes Act 1973, when sexual relations between two men had only recently been legalised and there was no notion of civil partnerships.
An extra-marital relationship with a member of the same sex does not legally qualify as adultery. It is likely that the aggrieved party would seek a divorce on another ground – most likely unreasonable behaviour. If you can prove adultery, then it can be used as a valid ground for divorce. There are time limits to be aware of, such as having to file the divorce petition with the court within six months of becoming aware of the adultery. If you do not do this, then it is seen in UK law that you have condoned the adultery.
In the UK, as long as you meet the requirements for your visa, you are allowed to remain in the country. Adultery is not grounds for deportation, and any threats made to report you to the council or embassy are not based on UK law.
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Adultery and privacy
Adultery is a highly emotive subject, often causing the end of marriages and a great deal of heartbreak. While adultery is generally understood as an affair outside of a marriage, the UK law has a more specific definition. Adultery, in the context of UK law, specifically refers to a married man or woman having sexual intercourse with someone of the opposite sex other than their spouse. This definition does not consider same-sex marriages or civil partnerships.
The current law, established by the Matrimonial Causes Act 1973, predates the legalisation of sexual relations between men and the introduction of same-sex civil partnerships and marriages. As a result, adultery in the UK does not extend to extra-marital same-sex relationships. It is likely that a spouse would seek a divorce on other grounds, such as unreasonable behaviour.
While adultery can be used as a valid ground for divorce, there are time limits to be aware of. A divorce petition must be filed within six months of becoming aware of the adultery. If the couple continues to live together for more than six months after the infidelity is discovered, adultery cannot be used as a reason for divorce.
It is important to note that adultery does not grant any advantages in divorce proceedings. It does not provide more legal rights over children or favour financial proceedings. The distribution of assets in a marriage is determined based on factors such as income, earning capacity, financial needs, standard of living, and the duration of the marriage.
Adultery laws vary significantly across different countries and jurisdictions. In some countries, adultery is a criminal offence, with punishments ranging from fines to caning and even capital punishment. In Muslim countries following Sharia law, the punishment for adultery may be stoning. However, in recent times, stoning has been legally carried out only in Iran and Somalia.
Opponents of adultery laws argue that they are archaic and steeped in religious doctrine. They believe that the government should not interfere in consensual bedroom affairs. Additionally, these laws have been criticised for justifying violence, discrimination, and oppression of women. Human rights organisations emphasise that legislation on sexual crimes must be based on consent and should not trivialise its importance.
On the other hand, supporters of adultery laws include religious groups and political parties that feel the government has a valid interest in the consensual sexual activity of its citizens. In jurisdictions that have decriminalised adultery, it may still have legal consequences, particularly in fault-based divorce laws, where it can impact property settlements, child custody, and denial of alimony.
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Adultery and divorce settlements
Adultery is defined in the UK as voluntary sexual intercourse between a man and a woman where one or both parties are married to someone else. The present law was established by the Matrimonial Causes Act 1973, when sexual relations between two men had only recently been legalised and there was no notion of civil partnerships.
Currently, an extra-marital relationship with a member of the same sex does not legally qualify as adultery. It is likely that the aggrieved party would seek a divorce on another ground—most likely unreasonable behaviour. If you can prove adultery, then it can be used as a valid ground for divorce. However, there are time limits to be aware of, such as having to file the divorce petition with the court within six months of becoming aware of the adultery. If you do not do this, then it is seen in UK law that you have condoned the adultery.
Adultery may have implications for other related legal matters, including divorce, financial settlements, and child arrangements. However, adultery as a solitary factor does not tend to be determinative in legal cases involving divorce financial settlements, child arrangements, or spousal maintenance.
In the UK, adultery is one of the main things cited by divorcing couples as the reason for their separation. However, it does not have as much impact as you may think, if at all, even when it comes to divorce. Since the introduction of the 'no-fault' divorce law in April 2022, adultery is no longer a valid ground for divorce. As a result, separating married partners in the UK can now petition for divorce or dissolution without laying blame on the other party.
Adultery can, however, in very limited scenarios, have implications on divorce financial settlements, child custody, and spousal maintenance. For instance, if significant sums of money have been spent on adultery, it may become relevant. Adultery may alter a divorce financial settlement if the divorcing parties come to an agreement between themselves that a greater share of the matrimonial assets should be offered by the person who committed adultery.
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Frequently asked questions
Adultery is defined as sexual intercourse between a married person and someone who is not that person's spouse. This definition does not take same-sex marriages into account.
No, you cannot be deported from the UK for having an affair.
Adultery is not a criminal offence in the UK, so you cannot be prosecuted or sued for having an affair.
Adultery is not a criminal offence in the UK, so you cannot sue someone for committing adultery. However, you can sue for invasion of privacy if you publicise the affair, for example, by posting about it on the internet or putting up posters in their neighbourhood or workplace.
