What Is Adultery? The Law Explained

This article was authored by Alexandra Tribe .

It is a common misconception that adultery is a ground for divorce in and of itself. This is not actually the case. There is only one ground for a divorce, and that is that the marriage has irretrievably broken down. However, the court cannot make a finding of irretrievable breakdown unless it is satisfied that one of five facts has been proved.

Those five facts are:

the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; the parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted; and the parties have lived apart for a continuous period of at least five years immediately preceding the...