If you’ve spent any time online recently, you’ll likely have seen the now-viral footage of Andy Byron, CEO of Astronomer Inc., and his ex-Chief People Officer, Kriston Cabot, caught on the “kiss cam” during a Coldplay concert. The moment which raised serious HR concerns was met with an impromptu and uncomfortable assessment by Chris Martin himself, who publicly implied the pair were having an affair.
While most relationships don’t face this level of public exposure, the emotional consequences of infidelity are, unfortunately, all too common. For many individuals, discovering that their spouse has had an affair is a breaking point often leading to the decision to seek a divorce. One of the most frequent questions we hear in these circumstances is:
“Will adultery affect the outcome of my divorce or financial settlement?”
No-Fault Divorce and the End of Blame-Based Petitions
Prior to April 2022, UK divorce law operated on a fault-based system under the Matrimonial Causes Act 1973, requiring one of five specific “facts” to establish the grounds for divorce: adultery, unreasonable behaviour, two years’ separation with consent, five years’ separation without consent, or desertion.
To rely on adultery as a fact, it was often necessary for the respondent to provide a signed admission, something that could be difficult to obtain and frequently increased hostility between separating parties. Legal professionals widely agreed that fault-based petitions exacerbated conflict and undermined efforts to resolve matters amicably, especially when it came to child arrangements and financial agreements.
This changed with the implementation of the Divorce, Dissolution and Separation Act 2020, which introduced No-Fault Divorce in England and Wales. Since April 2022, applicants are no longer required to prove fault; instead, they simply need to confirm that the marriage has irretrievably broken down.
The Impact of Infidelity on Financial Settlements
Although the legal framework for divorce has evolved, the emotional reality of infidelity remains unchanged. Many clients understandably hurt believe that their spouse’s adultery should be reflected in the financial outcome of the divorce.
However, under the current law, adultery does not usually influence financial settlements.
When determining the division of assets, the court considers a range of factors under Section 25 of the Matrimonial Causes Act 1973. These include:
- The financial needs, income, and earning capacity of each party
- The needs of any children
- The standard of living during the marriage
- The duration of the marriage
- The contributions (financial and non-financial) made by each party
Section 25(2)(g) specifically refers to the conduct of either party, stating that it should only be considered if the behaviour is such that it would be “inequitable to disregard it.”
While clients often feel that infidelity should meet this threshold, the bar for conduct to be taken into account is extremely high. In practice, only exceptional behaviour, such as serious financial misconduct, extreme domestic abuse, or even attempted murder, has been deemed relevant by the courts. In contrast, adultery alone is not usually sufficient to alter financial awards.
For example:
- In H v H (2005), an attempted murder by one spouse was deemed relevant conduct.
- Courts have also considered financial recklessness, such as substantial gambling losses, but only where there is clear evidence of impact on the marital finances.
The Court’s Objective: Fairness and Financial Independence
The role of the court is not to apportion moral blame but to ensure that both parties can achieve financial independence, ideally through a clean break. The starting point in long marriages is often equal division, unless the needs of one party or the children justify a departure from equality.
Ultimately, while the pain caused by infidelity is very real, the legal system focuses on objective financial needs rather than emotional wrongdoing.
Support Across the South West
At Amicus Law, we understand the emotional and legal complexities involved in divorce proceedings. Our team offers tailored advice and compassionate guidance to individuals navigating separation and financial settlements whether you’re based in Exeter, Bridgwater, Wellington, Minehead, Yeovil, Martock, Ilminster, Taunton, or Weymouth.
If you are considering divorce following an affair or are concerned about the implications for your financial future, please get in touch with our Family Law Team for confidential, expert support by calling on 01278 664060.