Infidelity and Divorce Settlements UK: What You Need to Know

Divorce is never easy, and when infidelity is involved it can add emotional pain on top of financial uncertainty. A common question we hear is whether adultery or unfaithful behaviour leads to a larger financial settlement for the aggrieved party. The short answer is: in the UK, infidelity itself does not usually affect financial settlements. However, there are some important exceptions.

This guide explains how the law works, when infidelity might matter, and what steps you can take to protect your financial position.

No-Fault Divorce in the UK

Since April 2022, England and Wales have operated under a no-fault divorce system. This means that couples no longer need to prove adultery, unreasonable behaviour, or separation periods to get divorced.

The key principle in financial proceedings is fairness, not blame. Courts focus on dividing assets to meet the needs of both spouses and any children, rather than punishing one party for their conduct.

How Financial Settlements Are Decided

When determining financial settlements, courts in the UK look at factors set out in the Matrimonial Causes Act 1973, including:

• Each spouse’s income, assets, and earning capacity.

• Financial needs and obligations, particularly housing needs for children.

• The standard of living during the marriage.

• The length of the marriage.

• Contributions made by each spouse (both financial and non-financial, such as childcare).

• Age and health of each spouse.

Conduct, including infidelity, is only relevant in very limited circumstances.

Infidelity Divorce Settlement UK: When It Could Matter

Although adultery itself does not entitle one spouse to a larger share, infidelity may matter if it has had a financial impact on the marriage. For example:

• Spending marital funds: If one spouse used joint assets to pay for holidays, gifts, rent, or other expenses linked to an affair, the court may take this into account.

• Hidden assets or debts: Attempts to conceal money or incur debt as part of an extramarital relationship could be relevant.

• Financial misconduct: Extreme recklessness or deliberate dissipation of assets may justify adjustments to the settlement.

It’s important to note that these situations require clear evidence, such as bank statements, receipts, or transaction records.

Emotional vs. Financial Impact

Many separating spouses feel that infidelity should influence the financial outcome as a matter of fairness. However, UK family courts do not compensate for emotional harm caused by adultery. Settlements are about needs and resources, not fault.

Practical Steps if Infidelity Has Financial Consequences

If you believe your spouse’s affair has affected the marital finances:

1. Gather evidence – keep copies of bank statements, receipts, or transfers that may show marital funds being used.

2. Seek legal advice early – a solicitor can advise whether the spending is significant enough to be raised in court.

3. Consider mediation – if financial misconduct is disputed, mediation may provide a quicker and less adversarial resolution.

4. Apply to court if needed – where agreement is impossible, the court can assess the evidence and make a fair order.

In most cases of infidelity divorce settlement UK, adultery itself does not increase the financial award for the aggrieved party. Settlements focus on fairness, children’s needs, and future financial stability. The exception is where infidelity has caused direct financial loss to the marital assets.

If you are facing divorce and are concerned about the impact of infidelity on your financial settlement, professional legal advice is essential. Every case is unique, and a solicitor can help protect your interests and ensure a fair outcome.