Before 6 April 2022, a person wishing to apply for a divorce had to explain to the Court the grounds of the breakdown of their marriage by referring to one of five ‘facts’. One of these five facts was adultery. Another ground was unreasonable behaviour- where the applicant could cite a spouse’s affair.
But that’s changed with the introduction of ‘no-fault divorce which came in on 6 April 2022. Now applications for divorce need only confirm that the marriage has broken down irretrievably, not explain why.
Does adultery affect the divorce or financial settlement?
It’s understandable that a spouse who feels wronged because their spouse had an affair or behaved unreasonably in some other way might feel that they should be entitled to a more favourable financial settlement on divorce and/or that the Court should look more sympathetically on them. But this is a common misconception. In nearly all cases, the reasons for the divorce are not relevant, with the Court taking a very black and white view when deciding how the matrimonial assets should be divided between the couple or what financial support should continue. The Court doesn’t look to apportion blame or penalise either person, save in exceptional circumstances and therefore a party should not expect to receive a more favourable settlement even if the breakdown of the marriage is as a result of the other parties actions.
So what does affect your financial settlement?
The Matrimonial Causes Act 1973 sets out the criteria that are used to determine how a couple’s assets should be divided and what the terms of the settlement should be. This set of criteria should be considered in all cases and through all routes of finding an agreement. The broad starting point for the division of assets (depending on the length of the marriage) is equal division. Departure from this starting point is depending on a number of factors, including; houses, pensions, savings and investments. Other factors to consider also include; the parties’ ages, the length of the marriage, each party’s earning capacity, health, and what each party to the marriage needs financially going forwards.
Couples are able to reach an agreement in relation to their matrimonial assets out of Court, and this could be directly between themselves, through mediation or with the assistance of solicitors. However, when a couple cannot reach an agreement then the Court can assist.
If your marriage has broken down and you wish to proceed with a divorce, then it is vital that you also ensure your financial arrangements are considered and addressed to provide you with financial certainty moving forward. It is imperative that the financial settlement is fully considered and not decided on emotion or impulse as parties only get one chance to get it ‘right’ first time. There is very limited circumstance where parties can come back to reconsider matters in the future- if at all. This is why it is important you get it ‘right’ and the family team at Tees are here to support you though this process.
Will my children be taken into account in the financial settlement?
In short, yes they absolutely will. The needs of any children of the family are always considered paramount. There is no strict formula for how assets should be divided but any minor children will need to be provided for through a settlement. Even if the parties reach a financial agreement between themselves, the Court has to check the agreement before it is approved and they will look carefully at how any children of the family have been accounted for.
How can Tees help
Our family law team can guide you through the separate divorce and financial settlement processes to make the journey as straightforward and stress free as possible. Our term has the expertise and knowledge to ensure your case is handled with care and empathy during a challenging time. We are here to listen to your feelings and understand the circumstances of your particular situation and can ensure that the settlement is appropriate for you to move forward financially in the best way possible.
So, in summary while adultery doesn’t directly affect a divorce settlement, there are many other factors that must be considered to reach the best outcome for you.
