In cases of divorce, adultery is one of the five main grounds by which a petition may be filed in England and Wales. A divorce can be granted if it can be shown that one party to a marriage has committed adultery. This is defined as one party to a marriage having sexual relations outside of marriage with another person of the opposite sex, and it is only available to the innocent party, meaning the person who did not have the affair.
A petition for divorce must be brought within six months of the innocent party finding out that the adultery has been committed. If you are thinking about divorcing your partner on the grounds of adultery then you should consider discussing your case with a solicitor specialising in divorce. Adultery can be a key component to divorce cases, and a divorce solicitor will be able to talk you through the process of making an adultery-based divorce and the time limits you have to petition for that divorce.
In applying for a divorce, the innocent spouse should gather evidence on the alleged affair. The evidence would be required by the court to prove the affair occurred. This may include things like dates, times and places. It is important to note that the 'co-respondent' (the person with whom the adulterous affair took place) does not have to be named in a petition for divorce. By doing this you would bring the co-respondent into the divorce proceedings and it is unlikely that co-respondent would co-operate with your divorce petition.
So if you have any questions or would like our help in finding local adultery divorce solicitors please call us at 0800 1777 167 or complete the web-form above.