Adultery Definition

GLOSSARY

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What does Adultery mean?

Extramarital sexual relations that in a legal context may be one of the 'facts' on which a petition for divorce is based.

Adultery is one of the five facts that can be relied on in proceedings for divorce or judicial separation (to establish that the marriage has broken down irretrievably). It does not apply to civil partners. Adultery is defined as the penetration by a man of a woman outside the confines of marriage.

View the related checklists about Adultery

Procedural guide—dissolution of civil partnership (pre-DDSA 2020)

Procedural guide—dissolution of civil partnership (pre-DDSA 2020) This Procedural Guide sets out the steps to be taken on an application for a dissolution of a civil partnership in an undefended case under the Civil Partnership Act 2004 (CPA 2004) in relation to proceedings that were issued before 6 April 2022. It includes guidance on who may apply, irretrievable breakdown, service of the petition, and filing an acknowledgment of service. It also details evidence that must be filed to prove the fact relied on, applying for a conditional order of dissolution, the final dissolution order and how to deal with costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came in to force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by...

Procedural guide—divorce proceedings (pre-DDSA 2020)

Procedural guide—divorce proceedings (pre-DDSA 2020) The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010,...

Adultery (pre-DDSA 2020)

Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to...

Drafting the particulars of claim

Drafting the particulars of claim This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. This Practice Note provides guidance on drafting the particulars of claim for a claim brought under CPR 7. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and filing of statements of case. For information on bringing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). Particulars of claim—part of claim form or separate document? If practicable, the particulars of claim should be set out in the claim form (CPR PD 16, para 3.1). They can also be contained...

Discover our 33 Practice Notes on Adultery

Divorce—client guide (post-DDSA 2020)

Divorce—client guide (post-DDSA 2020) This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your circumstances. No fault divorce The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) significantly reformed divorce law. It aims to make the divorce process less acrimonious by introducing what is commonly known as ‘no fault divorce’. This legislation,, completely removed the need to assign blame when commencing divorce proceedings. Historically, in order to obtain a divorce in England and Wales it was necessary for the party applying for a divorce to establish that the marriage had broken down irretrievably and to do that they had to prove one of the ‘five facts’. Three facts were based on fault, ie adultery, unreasonable behaviour and desertion, and two facts were based on a period of separation (two years’ separation with consent or five years’ separation without consent). In many cases one of the parties was forced into making fault allegations (adultery...

Letter to client confirming issue and service of an application for divorce or dissolution (post-DDSA 2020)

Letter to client confirming issue and service of an application for divorce or dissolution (post-DDSA 2020) Dear [insert client’s name] [Divorce OR Dissolution] I confirm that the application has been issued by the court and served on your [husband OR wife OR civil partner]. I enclose a copy of the issued application for your records. The next step is for your [husband OR wife OR civil partner] to file an acknowledgment of service within 14 days beginning with the date on which the application was served. This means that they must file the acknowledgment of service by [insert date] if they are using the online system. If they are not using the online system, then we will be notified as to the date they are required to file the acknowledgement of service by. [As your [husband OR wife OR civil partner] is outside of England and Wales, that period of time is extended to [insert date].] Your [husband OR wife OR civil partner] can only...

Dive into our 8 Precedents related to Adultery

Does the decision in Imerman v Tchenguiz apply to other types of proceedings, or just in relation to financial disclosure? For example, would Imerman apply where a party accesses emails that they believe provide evidence of their spouse’s adultery?

Does the decision in Imerman v Tchenguiz apply to other types of proceedings, or just in relation to financial disclosure? For example, would Imerman apply where a party accesses emails that they believe provide evidence of their spouse’s adultery? Adultery In relation to a divorce in which a party wishes to rely on adultery, in the absence of an admission by the respondent, the adultery must be proved and the court will require evidence, not just of an opportunity to commit adultery, but also of an inclination or passion to commit it. See Practice Notes: Adultery (pre-DDSA 2020) and Defended divorce proceedings (pre-DDSA 2020). Where adultery is not admitted, and in the absence of admissible evidence to prove it, consideration may be given to presenting a divorce petition based on unreasonable behaviour, possibly referring to an improper association as an example of unreasonable behaviour. See Practice Note: Unreasonable behaviour (pre-DDSA 2020). Imerman The decision in Imerman v Tchenguiz marked a sea-change in the way that...

Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs on applying for the decree nisi?

Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs on applying for the decree nisi? Whether or not a party should pay costs, and if so when and how much, is at the discretion of the judge. In principle, costs are awarded on the basis of CPR 44 (as modified by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28) and section 51(1) of the Senior Courts Act 1981. In the case of undefended petitions, the district judge will determine, when granting a certificate that a party is entitled to a decree nisi or decree of judicial separation in matrimonial proceedings or a conditional order or a separation order in civil partnership proceedings, whether the court’s intention is to make a costs order. The starting point is a 'clean sheet'. In practice, most courts appear to order costs against the respondent when one is sought, where the...

See the 21 Q&As about Adultery

Rowing back the tide of vicarious liability (Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB)

PI & Clinical Negligence analysis: The judgment provides an erudite history of the development of the law on vicarious liability and confirms that, while the law may have appeared to be ‘on the move’ in the words of Lord Philips in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, any such movement has not strayed far from historic precedent. The two-stage approach is endorsed and both stages must be satisfied if vicarious liability is to be established. The test at Stage 1 is whether the relationship between the defendant and the tortfeasor was one of employment or akin to employment. The test at Stage 2 (the ‘close connection’ test) is whether the wrongful conduct was so closely connected with acts that the tortfeasor was authorised to do that it can fairly and properly be regarded as done by the tortfeasor while acting in the course of the tortfeasor’s employment or quasi-employment. Written by Catherine Foster, barrister at Crown Office Chambers.

International family law—United Arab Emirates

Family analysis: In the continuation of a series of News Analysis considering family law provisions in other jurisdictions, Alexandra Tribe, managing partner at Expatriate Law, outlines the key principles in the United Arab Emirates in relation to jurisdiction, divorce, financial provision, private children and non-court dispute resolution, as well as recent and forthcoming law reform.

Read the latest 35 News articles on Adultery

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