The emotional impact of discovering a partner is cheating can be devastating. For some, it’s a private realisation. For others, like the now-viral case of Andy Byron, caught on a jumbotron at a Coldplay concert, it can be painfully public. Whatever the circumstances, if you’re facing this situation, you may be wondering what to do next.
At Slater Heelis, our Resolution-accredited family lawyers are here to support you with expert, compassionate advice. Below, we outline how infidelity fits into UK family law, what it means for divorce, and how it might affect finances or children.
Does an Affair Still Matter in Divorce?
Since the introduction of no-fault divorce in 2022, there’s no need to cite adultery or blame to legally end a marriage or civil partnership.
What this means:
- You can apply for divorce without mentioning the affair.
- The court will not ‘punish’ infidelity by awarding more or less to either party.
- Adultery is not a deciding factor in financial or child arrangements, unless it directly impacts finances or safety.
Will an Affair Affect the Financial Settlement?
In most cases, no. The family court’s focus is on fairness, not fault. When dividing assets, the court will consider:
- Each party’s financial needs and resources
- Standard of living during the marriage
- Duration of the relationship
- Needs of any children
- Contributions (both financial and non-financial)
However, infidelity may become relevant if:
- Joint assets were used to fund the affair (e.g. gifts, trips, rent)
- There has been reckless spending or financial hardship
- The cheating party is now living with a new partner, potentially reducing their financial needs
Spousal maintenance is awarded based on need, not conduct. Someone who has had an affair may still be entitled to maintenance, unless they remarry.
How Are Children Affected?
The court’s primary concern is the welfare of the child. An affair won’t affect your right to see your child or influence custody decisions, unless:
- The new relationship introduces risks or instability
- The child’s wellbeing is directly affected by the circumstances
What Should You Do If You’re Facing Infidelity?
There’s no one-size-fits-all answer. Some couples choose to work through the issues with counselling. Others decide that trust can’t be rebuilt. Whatever you choose, it’s important to be informed.
Our recommendations:
- Keep a record of key conversations or financial changes
- Avoid conflict, especially in front of children
- Seek legal advice early so you understand your rights
- Don’t feel pressured to make fast decisions, even if the affair becomes public
How We Work: Constructive, Child-Focused Support
Each one of our expert family law solicitors is a member of Resolution, which is the organisation of specialist family lawyers in England and Wales that are committed to helping separating families resolve matters constructively, with respect, and in a way that prioritises the welfare and best interests of their children.
Although they are often emotionally devastating, affairs remain commonplace, and adultery is no longer relevant in respect of divorce. England and Wales has been a ‘no fault’ jurisdiction since April 2022, and for most families, the most important factor relating to the financial aspects of divorce will be their children’s housing needs.
The publicity that has been generated following the Coldplay concert in Massachusetts will no doubt be extremely difficult for the family’s children, and regrettably there seems to have been little – if any – thought given to this in some of the exploitative posts online.
As Resolution members we adhere to the Resolution Code of Practice. This means we will always aim to:
- Reduce or manage any conflict and confrontation; for example, by not using inflammatory language (which will only ever serve to increase legal costs and make issues harder to resolve);
- Support and encourage our clients’ to put the best interests of children first;
- Act with honesty, integrity and objectivity;
- Help our clients understand and manage the potential long-term financial and emotional consequences of decisions;
- Listen to and treat everyone with respect and without judgment; and
- Use our experience and knowledge to guide our clients through the options available to them.
2025 is Resolution’s ‘Year of the Code’, and we firmly believe that dignity and respect are essential to anyone involved in a family breakdown – particularly children.
Talk to Our Family Law Experts
We understand that no two families are the same, and neither are their challenges. Our experienced team will guide you through each step with sensitivity, ensuring your voice is heard and your future protected. Call us on 0161 969 3131 or complete our contact form to arrange a confidential discussion.
Get In Touch
Kim Aucott is a Consultant Solicitor in the Family Department. She specialises in divorce law, financial proceedings, international divorces and high net worth cases.
If you’d like to speak to Kim or one of our other experienced family lawyers please don’t hesitate to get in touch by calling 03330 606 026 or filling out our online contact form.
