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Finding out that your spouse or civil partner has had an affair can be distressing and leave you unsure about what it means for your future.
If you decide to apply for divorce, you may question how infidelity will affect any financial settlements and arrangements for your children.
Although an affair is significant on a personal level, its legal relevance is often misunderstood and you must understand how the law treats these situations.
Since the introduction of no-fault divorce in April 2022, couples are no longer required to explain why their marriage has broken down.
Instead, they only need to confirm that the relationship has ended.
This means that you do not need to mention an affair in your divorce application and the court will not investigate any blame or wrongdoing. Infidelity on its own will not delay or prevent a divorce from progressing.
The legal process focuses on bringing a marriage to an end fairly, rather assessing who was responsible for its breakdown.
An affair will most likely not affect how your finances are divided in your divorce proceedings.
Financial settlements and decisions on spousal maintenance are based on the needs of each party and their earning capacity.
However, there are limited situations where an affair may become relevant.
This can include:
In some cases, a pre-nuptial or post-nuptial agreement may include an infidelity clause on which there are certain conditions in the event of an affair.
For example, if one partner is unfaithful during the marriage they may receive a reduced portion of their assets or face other financial implications.
However, these clauses are often personalised and you must seek legal guidance on what your rights are and how to enforce them.
Even in these circumstances, the court will focus on the financial consequences and not the affair itself.
The court’s primary concern when deciding arrangements is always the child’s welfare.
An affair can affect a parent’s relationship with their child and children do have a say in their preferences over the arrangements.
The courts will then consider the child’s wishes and feelings, taking into account their age and understanding.
Child arrangements are typically encouraged to be resolved through mediation before going to court, as it is often faster and more cost-effective.
Older or more mature children can be involved in the mediation process, but the decision will be further discussed with the parents and the courts, if necessary.
An affair does not affect parental responsibility or automatically change child arrangements. The court will only intervene if a new relationship creates risk, instability or emotional harm for the child.
The courts will aim to ensure the child continues to have a stable relationship with both their parents, wherever it is safe and appropriate.
Divorce proceedings following an affair can be emotionally challenging and make it more difficult to come to an agreement.
If you are unsure about how an affair will affect your financial settlements or child arrangements, you should seek legal advice to understand your rights.
We can work in conjunction with mediators to help you reach a fair agreement and avoid costly and stressful court proceedings.
If you are facing separation after an affair and need practical advice, contact our Family Law team today.
Senior Associate
I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.
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