This is a relatively straightforward area of family law.
However it causes confusion because people think the term is wider than it is, when in fact it is precisely stated in law.
In England and Wales, a divorce can only be obtained when a marriage has irretrievably broken down and it can be proved by at least one of five specific facts, set out in the divorce petition.
Adultery is one of the five facts that can be used to prove a marriage has broken down irretrievably, and it seems to be pretty common.
A quick look at the website in question was eye-opening!
But is it sufficient to found a petition based upon adultery?In order to obtain a divorce on the basis of adultery, an adulterous act must have taken place and the Petitioner must state that he or she finds it intolerable to continue to live with the Respondent.There are many common misconceptions about adultery and divorce.Had Bill Clinton said, “I did not commit adultery with that woman” of Monica Lewinsky, rather than “I did not have sexual relations with that woman”, he would have been correct. That it isn’t adultery if you have already separated from your spouse.
Yesterday I appeared in my Legal Clinic on covers any sexual activity. It refers only to sexual intercourse between a consenting man and woman, one or both of whom are already married to other people.
Lesser forms of “sexual gratification”, as one court put it, are not sufficient to prove adultery.