As a legal expert with a focus on family law, I am well-versed in the intricacies of marriage, divorce, and the various grounds upon which a divorce can be sought. In the United Kingdom, adultery is a legally recognized ground for divorce, but it is important to understand its specific definition and implications within the context of UK law.

Adultery, in the UK, is defined as sexual intercourse between a married person and someone who is not their spouse. It is a fault-based ground for divorce, meaning it is one of the reasons where the divorce is sought due to the misconduct of one party. However, the law has evolved over time, and the approach to adultery in divorce has become more nuanced.

Firstly, it is crucial to note that adultery is not a criminal offense in the UK, but it remains a civil wrong that can be cited as a reason for the breakdown of a marriage. Historically, the law treated men and women differently in cases of adultery, but this has changed, and both genders are now held to the same standard.

In terms of the legal process, if a spouse wishes to cite adultery as the ground for divorce, they must prove that their partner has had sexual relations with someone else. This can be challenging, as it requires evidence, which may not always be readily available or easy to obtain. Moreover, the court does not inquire into the specifics of the adulterous act, focusing instead on the fact of its occurrence.

It is also important to recognize that adultery is not the only ground for divorce in the UK. There are other grounds such as unreasonable behavior, **separation for a continuous period of at least two years** with the consent of both parties, and **separation for a continuous period of at least five years** without the need for the other party's consent.

The reference to same-sex relationships is also pertinent. Prior to the legal recognition of same-sex marriages, adultery could not be cited as a ground for divorce in same-sex relationships. However, with the Marriage (Same Sex Couples) Act 2013, which came into effect in 2014, same-sex couples now have the same rights and obligations as opposite-sex couples, including the ability to cite adultery as a ground for divorce.

Furthermore, the emotional impact of adultery on the spouse who has been betrayed can be profound, leading to feelings of anger, betrayal, and loss of trust. This emotional turmoil can complicate the divorce process, making it more contentious and potentially more damaging to both parties involved.

In conclusion, while adultery is a recognized ground for divorce in the UK, it is just one of several options available to couples seeking to end their marriage. The legal process surrounding adultery in divorce is complex and requires careful consideration of the evidence and emotional implications involved.

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Naturally, adultery is only relevant as a ground in UK divorce law where that has actually taken place. ... If the sexual relationship is with a member of the same sex or if the relationship is not sexual that is not adultery. The appropriate ground on a divorce petition in such cases would be "unreasonable behaviour".read more >>