Jurisdiction(s):
United Kingdom

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 petition with co‑respondent: no acknowledgement of service—can divorce proceed and consequences of no answer

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Q&As

To persuade the court to grant a Decree Nisi, proof that the application for a matrimonial order has been duly served is required. Ordinarily, this can be shown by producing the acknowledgement of service filed in the divorce proceedings. If the respondent does not return an acknowledgement of service or lodge any documentation, The petitioner must establish service. The petitioner may choose to arrange personal service of the petition on the respondent and any Co-respondent. Where, after personal service, no acknowledgement of service is filed by the respondent, the person who effected service must file a certificate of service stating the precise date and time of that personal service. That certificate should be completed in Form FP6. If an application has been served on a respondent, no acknowledgement of service has been returned to the court office, and the court is satisfied that the said respondent has received the application, the court may direct that the application is deemed served (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.16(1))...

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Web page updated on 27/05/2026

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