The statement in the title is not true!
It can often be assumed that if during a marriage one of the parties had an affair, they will get less in a divorce settlement as they are the party that committed the ‘wrongdoing’. This is not true and it is not something that the Court will take into consideration during proceedings.
Before April 2022, there did have to be a reason for a couple’s divorce such as adultery or unreasonable behaviour within the divorce petition, but this reason would not impact the financial settlement. Following the implementation of The Divorce, Dissolution and Separation Act 2020, the no-fault divorce came into law which now means that there is only one reason for a divorce, the irretrievable breakdown of the marriage/civil partnership. This has eliminated the ‘blame game’. Therefore, the Court’s will likely never know the reason why the marriage ended.
During financial proceedings, the Court does not look at the reasons for a breakdown in marriage. The Court’s main concern is to look at achieving a fair financial settlement for both parties that cover’s their needs, and any children’s needs. Behaviour is only taken into account very rarely within financial proceedings, so will not be the Court’s focus.
We recommend you obtain early legal advice so that you can understand all of the relevant factors that will be taken into account upon your separation. Contact one of our specialist Family team here.