Jurisdiction(s):
United Kingdom

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Key definition

Adultery definition

What does Adultery mean? Adultery describes a married person’s voluntary sexual intercourse with someone other than their spouse. The term is not defined in primary legislation; its meaning comes from case law, which has traditionally limited adultery to opposite‑sex intercourse. Practical significance varies by jurisdiction: - England and Wales: Since 6 April 2022 (divorce, Dissolution and Separation Act 2020), adultery is no longer a “fact” used to evidence irretrievable breakdown in divorce or dissolution. It may still feature as background or alleged “conduct” in family proceedings, but it rarely affects outcomes. - Scotland: Irretrievable breakdown of marriage may still be established by the defender’s adultery under...

Adultery in Divorce Proceedings Issued Before 6 April 2022: Definition, Intolerability, Cohabitation, Co-respondents and Proof (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note summarises the law in relation to Adultery in Divorce proceedings that were issued prior to 6 April 2022 .

It outlines how adultery is defined within divorce cases in the context of divorce proceedings and the proof required to establish it, including reliance on confessions or admissions. It also addresses intolerability, the consequences of spouses remaining together after becoming aware of adultery, and the status of any co-respondent named.

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and are subject to its provisions, as well as procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information and context, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.

Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are unaffected by the commencement of DDSA 2020, nor by the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022...

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Web page updated on 21/05/2026

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