Law

From adultery grounds to no-fault divorce: how English law changed

By the fornication.info editorial teamTopic sheet · full article in preparation5 sources
Big Ben in London: a courthouse and the scales of justice, with people in today's clothes.
Original illustration by fornication.info
In short

No longer as a separate ground. Since 6 April 2022, the Divorce, Dissolution and Separation Act 2020 lets spouses in England and Wales divorce by stating that the marriage has broken down irretrievably, with no need to prove adultery or any other fact. Adultery had been a ground for divorce in the courts since the Matrimonial Causes Act 1857.

What the full article will cover

  1. How did the Matrimonial Causes Act 1857 treat adultery?
  2. Why did husbands and wives face different rules?
  3. What did the 1973 Act require?
  4. What changed with no-fault divorce in 2022?
  5. Does adultery still matter in divorce proceedings?
  6. How do Scotland and Northern Ireland differ?

Frequently asked questions

  • Is adultery still a ground for divorce in Scotland?
  • Does adultery affect the financial settlement?
  • Can the other person be named in a divorce application?
  • When did no-fault divorce start in England and Wales?

Sources

  1. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/1973/18/section/1
  2. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/2020/11/contents
  3. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/Vict/20-21/85/contents
  4. ons.gov.uk — https://www.ons.gov.uk/peoplepopulationandcommunity/birthsdeathsandmarriages/divorce/bulletins/divorcesinenglandandwales/2022
  5. en.wikipedia.org — https://en.wikipedia.org/wiki/Matrimonial_Causes_Act_1857

General information, not legal or religious advice.

Related topics