Is adultery a crime?

Adultery, while often emotionally devastating, is not classified as a crime under UK law. For an act to be considered criminal, it must break the law. Crime is defined as “an act or omission punishable by law,” and as “a deliberate act that causes harm and is against the law.” Although adultery may lead to significant psychological harm for the affected spouse, it remains a personal and civil matter rather than a criminal one in the UK. If you are concerned about the impact of adultery on your marriage, consulting a divorce lawyer can help you understand your rights and options moving forward.

Marriage and its legal implications

To commit adultery, you first have to be married. A wedding is a legally recognised act that achieves three principal objectives beyond a man and a woman declaring their love for each other. As a spouse, the wife or husband has certain legal rights over their partner’s property and estate. For example, if a man dies without making a will but is married, his wife will automatically inherit his estate if no will states otherwise. That is not the case if the couple only lives together.

A wife is also seen as ‘next of kin’ and has the right to make decisions concerning her husband’s treatment in a medical emergency. Though there is less stigma today, children born outside wedlock were once referred to as bastards and were seen as lesser in certain social circles. Finally, if you are married, you are not legally entitled to marry anyone else, and unlike adultery, this is a criminal offence that can lead to imprisonment.

Marriage vows and divorce grounds

When we get married, we make vows such as “forsaking all others” and promising “to be faithful.” However, these are not part of the legally binding contract of marriage; they are personal messages and aspirations. There has been much confusion around adultery as grounds for divorce, which is not entirely accurate. There is only one acceptable ground for divorce: the irretrievable breakdown of the marriage. This breakdown must meet at least one of five stipulations, including one partner committing adultery.

If the couple continues to live together after the adulterous act, that act of adultery no longer qualifies as a reason for the marriage’s irretrievable breakdown. By continuing to live together for six months after, you demonstrate that this is not the case.

The historical view of adultery as a crime

To find a time when adultery was punishable by law, you need to go back to 1857, when it was dealt with under ecclesiastical law. In 1857, the Matrimonial Causes Act changed this, and adultery was no longer seen as a criminal act, though it was still frowned upon. Even many years after 1857, divorce was not socially acceptable. When gender equality did not exist, a divorced man could hold his head high, while a divorced woman often became a social pariah.

The result? There were very few divorces compared to today, and even fewer instances where adultery was mentioned.

In conclusion, no, adultery is not a crime. However, if you have concerns about infidelity and its effects on your marriage, from a legal standpoint, why not contact a solicitor here at Qredible.co.uk? We have several highly experienced divorce solicitors who can provide you with the information and advice you need.