Adultery and Same Sex Couples in Divorce

Irretrievable breakdown of marriage is the sole ground for divorce in England and Wales.  However, to establish this ground, a ‘fact’ must be proven.  One of these facts is adultery.

Same sex couples, however, are unable to use adultery as a fact for providing an irretrievable breakdown of a marriage.  This is because the law currently defines adultery as an act which takes place with somebody of the opposite sex.  Although an aggrieved party could seek a divorce on another ground for divorce such as unreasonable behaviour, many have argued that this results in discrimination towards those in same sex marriages.

The Government proposes the introduction of a no-fault divorce in April 2022 which will cease the alleging of blame before a divorce can be granted.  This will mean that separating couples will no longer have to rely on one of the five facts to prove the ground for divorce.  This legislation will apply equally to same and opposite sex couples.

If you wish to book in for an initial consultation to discuss a pre-nuptial agreement, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.