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Same-Sex Adultery Not Reason for Divorce

Following a radio show on BBC Radio 4, a campaign has been launched to bring adultery laws up to date with the issues that exist in the 21st Century.

The issue was brought to mainstream media attention after a woman was unable to divorce her husband on the grounds of adultery because he had affairs with men, which under current law did not constitute adultery.

Difficulty With Definition of Adultery

The issue is caused by a difficulty in assessing what adultery is, and due to same sex relationships and civil partnerships. While adultery counts as a reason for obtaining divorce, it is not considered to be adultery under current law if the adultery involves the same member of sex.

Unreasonable behaviour was then cited as the reason for divorce in order for the divorce to be processed.

Despite the inability to cite adultery, The Equality Network, a Scottish gay rights group, held focus groups with their members when and stated that they did not feel the law on adultery needed to change.

Grounds for Divorce

You can obtain a divorce under the grounds of your partner behaving unreasonably, adultery, you've lived apart for at least one year and you both agree to the divorce or if you have lived apart for at least two years but one of you doesn’t agree to the divorce.

Contact Us

If you require any legal advice regarding obtaining a divorce, separation, or any aspect of family law, our team of family law solicitors can help. Contact us today using our online contact form.

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