Roythornes

4 result(s) found.

Coldplay, Cheating and the Courts: What the Law Really Says About Adultery
Image by Drazen Zigic on Freepik
//

Coldplay, Cheating and the Courts: What the Law Really Says About Adultery

Published on
Ellen Nicholas
Ellen Nicholas
Solicitor
Roythornes Solicitors

A few months after a “kiss-cam” moment at a Coldplay concert shook the internet, the ripples are still being felt, both in headlines and potentially in courtrooms. A viral clip showed a well-known tech CEO embracing someone other than his wife, namely the company’s HR manager, sparking widespread speculation about personal and professional fallout.

Consequences of such affairs can carry several after-effects, legal ones too. Yet while the scandal dominates the public imagination, the law around adultery and divorce can tell a far more restrained story.

What counts as adultery in law?

In everyday conversation, ‘cheating’ can be synonymous with everything from text messages to emotional betrayal. English law, however, draws the line more narrowly. Legally, adultery is defined as sexual intercourse between a married person and someone who is not their spouse. Acts short of this – however damaging they may be to trust within a relationship – do not qualify as adultery under the law.

That legal definition often surprises those who expect the courts to reflect the moral weight of infidelity. But the direction of travel in family law has been clear: away from blame and toward resolution.

No-fault divorce and the end of ‘blame’

In April 2022, the ‘no-fault divorce’ has entered the legal terrain. Previously, adultery could be pleaded as a ground for divorce, and while rarely contested, it kept the language of fault alive in petitions. Now, all that is required is a simple statement that the marriage has broken down irretrievably. No proof, no reason, no explanation and certainly no tabloid-worthy evidence are required.

The reform was designed to lower the temperature. By removing the need to point fingers, it gives separating couples a greater chance to part amicably, without animosity. For those experiencing betrayal, this can feel rather unsatisfying. The law no longer distinguishes between a relationship that ends quietly and one that explodes on unruliness.

High-profile divorce vs everyday divorce

The distinction, however, lies not in the courts but in the court of public opinion. For the average couple, an affair can be a painful yet private devastation, handled quietly within the family. For celebrities or business leaders, it becomes a defining story for their public image, highly scrutinised by the press, shareholders and the public alike.

Legally, however, both divorces follow the same process. A Hollywood actor’s affair may fill column inches, but when it comes before a judge, the legal questions are identical to those facing any other couple: how to divide assets fairly and, where children are involved, how to ensure their wellbeing and welfare are looked after.

Does adultery change financial settlements?

Contrary to common belief, adultery has almost no bearing on how finances are settled in divorce. The guiding principle for the courts is need: ensuring both parties, and any children, are adequately provided for. Being unfaithful does not diminish one’s entitlement to a fair division of assets.

There are exceptions, but they are rare. If, for instance, one spouse has channelled marital funds extravagantly into conducting an affair – where examples can include luxury holidays, gifts or property purchases – that reckless spending could be raised. Even then, it requires strong evidence and is unlikely to tip the scales dramatically.

What about the children?

In cases where children are involved, the law is even clearer. The paramount concern of the courts is the welfare of the child. Adultery, in and of itself, is not considered a reason to limit contact between parent and child. Only where a parent’s new relationship puts the child at risk – for example, if it involves unsafe environments – would the court intervene.

This principle reflects a broader truth: children’s wellbeing should not become collateral damage in their parents’ disputes. While one parent’s anger or sense of betrayal may be real and raw, arrangements for children must rise above any animosity.

Beyond scandal: a system built on resolution

Public scandals remind us of how messy human relationships can be. But divorce law in England and Wales has shifted decisively away from punishing misconduct and toward managing outcomes. The aim is to provide a supportive framework for families in transition, not to mete out moral judgment.

For those navigating the end of a marriage – whether quietly or under the glare of cameras – the same structures apply. Infidelity may devastate trust and reshape lives, but in the eyes of the law, it is no longer a decisive factor. What matters most is fairness, respective needs and the ongoing wellbeing of any children.

And while no court can resolve the hurt of betrayal, the system is designed to give couples the tools to move forward – with as little hostility as possible, even in situations when the world might be watching.

Read more articles by Roythornes Solicitors.

About Ellen Nicholas

Ellen is a Solicitor in our Family Team at Roythornes Solicitors. She is passionate about assisting and supporting clients through challenging times in their lives. Her dedication and expertise ensure that clients receive clear, compassionate, and effective legal support tailored to their individual circumstances.

You might be interested in

When "I Do" Turns Into "I Don't": Key Considerations for Divorce Later in Life
Image by freepik
/

When “I Do” Turns Into “I Don’t”: Key Considerations for Divorce Later in Life

Published on
Hayley McCormack
Hayley McCormack
Partner
Roythornes Solicitors

Over the past 30 years, divorces among individuals aged 60 and over have surged by an astounding 85%. In the past decade alone, divorce rates for men over 65 have risen by 23%, while rates for women over 65 have climbed by 38%. This has slowly but surely materialised in a steadily growing trend, commonly referred to as ‘grey divorce’ or ‘silver splitting,’ particularly prevalent among those nearing or already in retirement, and embodying a deviation or redefinition of ‘for better or worse’.

Unlike earlier-life divorces, grey divorce often poses implications of its own kind due to the life stage of those involved. Hayley McCormack, a family law specialist at Roythornes Solicitors, navigates the complexities of separating at later stages in life, particularly as this presents significant financial challenges, due to the proximity to retirement and the complexity of accumulated assets.

Historically, divorce was rarely a viable option for older couples, as financial dependence and social stigma discouraged separation. Women, in particular, often lacked financial independence, making it difficult to consider leaving a marriage in later years. Today, however, as societal norms have evolved and financial autonomy has increased, more couples see separation as a realistic path, even in retirement. Unlike younger couples, later-life divorces often involve the division of lifetime possessions such as pensions, property, and savings, which can have a profound impact on future security and stability.

There’s no place like home

One of the most contentious aspects of later-life separation is agreeing what to do with the family home, which for many is one of the most valuable assets in a marriage. The matrimonial home often carries sentimental significance over financial value. In most grey divorce cases, deciding whether to sell, retain, or transfer ownership of the home can be acutely convoluted as the choice will precede to lasting financial and emotional consequences.

While there may be a sum of options to ponder, it is often easier or sometimes necessary to sell the family property to fund the purchase of two properties instead. Selling the home and splitting the proceeds is often the simplest solution, especially if both parties prefer a clean financial break. This option can provide each party with the funds to purchase or rent new homes suited to their needs.

In this situation, it is essential for both parties to consider what is most affordable, taking into account repayment of any mortgage and early redemption fees, purchase price, stamp duty, legal costs, moving fees and any furniture or white goods they will need. If there is an existing mortgage, this can either be redeemed from the net proceeds or one of the individuals, if you need it, may be able to port the existing mortgage to a new property if there are any preferential rates to benefit from.

The place that holds a piece of your heart

Selling the home may not always be the desired approach and often one partner may wish to stay in the property. If this is a viable option financially, it can provide stability, particularly if there are health considerations or a desire to remain in a familiar community. However, retaining the home requires careful consideration of whether one partner can sustain the home’s upkeep and associated costs independently.

If one partner wishes to retain the family home, they may be able to offset the home’s value with other assets. For instance, one partner may keep the house while the other retains a larger share of cash, investments, or pensions. Although pensions are a significant marital asset, they are often overlooked during separation negotiations. Offsetting the value of the family home against pension assets can be a viable solution, but due to the complexity of these calculations, legal and financial guidance should always be sought.

Another approach for staying in the home is to refinance or increase the mortgage to buy out the other party’s share. In this scenario, the partner who remains in the home would need to assume full responsibility for the property’s costs and may have to qualify for a new or adjusted mortgage. The buy-out process typically involves transferring the property into the sole name of the individual staying in the home, which a solicitor would handle to ensure the contemporaneous transfer and payment of funds. High street lenders have amended their borrowing criteria so that mortgages can be taken later in life, but this will still be dependent on affordability and specialist mortgage advice may be required.

Together apart with joint ownership

For some, continuing to co-own the family home while one partner lives there may be a practical solution, particularly if both parties expect a rise in the property’s value or wish to avoid selling in a perhaps down market. However, delayed interest payment involves several complexities.

Setting a “trigger event” for when the other party will receive their share is essential. This could be a specific future date, the sale of the home, mortgage redemption, or even the passing of one party. Legal advice is vital in these situations, as both parties may need to prepare updated wills or trusts to address inheritance or transfer issues.

Delaying the transfer or sale can additionally lead to tax complications, particularly if one partner receives their share at a future date, which may affect capital gains tax.

Finally, if both parties remain on the mortgage but only one stays in the home, the partner who leaves may have limited borrowing capacity for a new mortgage, affecting their ability to purchase their own property.

Mapping the road ahead

Given that later-life divorces often come just before or during retirement, careful planning around long-term financial security is vital. In addition to decisions about the family home, separating couples should closely review pensions, savings, business assets and other retirement funds to ensure both parties are financially secure. Professional advice is crucial in navigating these challenges to avoid pitfalls that could impact future stability.

Fresh starts in later life

As the rise in grey divorce reshapes societal views on marriage, independence, and retirement, it highlights the evolving needs and priorities of later-life couples. Navigating these unique challenges, particularly decisions surrounding the family home, pensions, and savings, can be complex.

With the right guidance, couples can move forward confidently, ensuring they make informed choices that support their future. Family lawyers assisting those who are facing a divorce, with all the challenges that brings, are there to tune in to what clients are experiencing and ensure matters are handled sensitively; while similarly ensuring they give clear, pragmatic advice to help put their client in the best position to recover from the stress and cost that comes with separation.

Read more articles by Roythornes Solicitors.

About Hayley McCormack

Hayley is a partner at Roythornes Solicitors. She has been practising family law for nearly 20 years having worked for a number of top tier national firms. Hayley has extensive experience in dealing with a broad range of family issues, such as divorce, financial settlements, and issues relating to children. She has particular expertise in complex financial cases involving company and trust structures, pensions, offshore assets, and intervenors, often advising business owners, farming families, entrepreneurs, and professionals.
She collaborates with clients’ advisors to provide wealth protection solutions, including pre/post-marital and cohabitation agreements aligned with company and shareholder agreements.
A trained collaborative lawyer, Hayley offers clear, pragmatic advice tailored to achieve the best outcomes for clients and their families. While skilled in robust litigation, she prioritises cooperative, non-confrontational solutions for family disputes.
Recognised by Chambers and Legal 500, her expertise includes:
  • Divorce
  • Financial settlements
  • Pre/post-nuptial agreements
  • Cohabitation issues and agreements
  • Child-related matters, including international/domestic relocation
  • Trusts and inherited wealth
  • Pre-marriage and post-separation acquired wealth

About Roythornes Solicitors

Roythornes Solicitors is a top 150 national law firm with five strategically located offices across the Midlands and East Anglia. The firm adopts a one team ethos across all offices, with trusted advice being given by its recognised experts on a national spread. It prides itself on building longstanding relationships with clients with a high emphasis on personal connectivity. The firm’s clients include major blue-chip companies, family businesses and private individuals, based nationally and internationally.

Each client benefits from the company’s partner-led, practical approach. As well as a powerful breadth and depth of legal expertise, the team brings commercial know-how and invaluable lateral thinking to each case, drawing on a diverse range of skills and contacts.

You might be interested in

Divorce Rate Slowing Due to Cost of Living Crisis, Explains Family Law Expert
Photo by Nick Fewings on Unsplash.

Divorce Rate Slowing Due to Cost of Living Crisis, Explains Family Law Expert

Published on
Layla Babadi
Layla Babadi
Senior Associate
Roythornes Solicitors

The current cost-of-living crisis has seen soaring energy, food, fuel and interest rates, but has also seen an impact on divorce. Layla Babadi, senior associate in the family team at law firm Roythornes, considers the impact of the economic crisis on divorce and what couples should be aware of to reduce costs and strain during a separation.

“According to property site Zoopla, couples are being forced to live together for an average of 1.3 years after they split, with one in eight continuing to share a bedroom, due to financial constraints. 

“When a relationship breaks down, there are emotional and financial implications, where eventually the household finances will need to be shared between two. Both sides will feel the pinch and with a cost-of-living crisis, the whole family is impacted.

“When you separate from your partner, you must navigate splitting your money, property, pensions, and debt. Fears about being worse off, coupled with the uncertainty around spiralling legal fees, might lead you to question whether you can afford to divorce given the current economic climate.

“The first thing to acknowledge is that since the introduction of the “no-fault” divorce in April 2022, the legal process has become much simpler. You can complete the paperwork yourself on the Government website and there is a £593 fee to pay. This works for couples who are splitting amicably or possibly have less complex reasons behind the split.

“However, the part that deals with how you split your finances is separate, and often what causes the most issues. This is where working with a solicitor can help you.

“It is worth noting that how you choose to sort out your money and property impacts how much your divorce will ultimately cost. For example, a court battle involving barristers and solicitors is likely to cost tens of thousands of pounds. On the other hand, if you and your spouse reach an agreement yourselves, then that agreement can be made legally binding by instructing a solicitor to turn your agreement into a consent order, for the court to approve. In this scenario the costs are considerably less.

“A second factor that may impact divorcing during the current crisis is timing. A common misconception is that the court will consider your financial position at the time you separated. However, courts look at your financial position as it is when you divorce, not separate. This may mean your financial position is very different at these two timestamps and could end up costing you more or complicating your tax position.

“However, perhaps the bigger consideration is the impact on your emotional health and the well-being of the wider family. It might be that despite tough economic conditions, the better long-term option for the family is for the parents to divorce, especially if there is a high conflict home environment. Financial difficulties and uncertainty will always add pressure to relationships, and if your marriage has already broken down it can make living conditions toxic.

“There is no simple or correct approach that suits all couples, which is why at Roythornes we give the right advice from the outset, to avoid costly errors having an impact on the final outcome. A crisis is tough for all, but we aim to reduce the stress and hardship involved.”

Click here for more articles by Roythornes.

About Layla Babadi

Layla is a Senior Associate at Roythornes. She qualified as a solicitor in 2005. Layla is also a member of Resolution. Before joining Roythornes, Layla was a Legal Director at a leading East Midlands firm.

Layla specialises in divorce and separation, with a particular emphasis on international divorce law. She also advises on pre and post nuptial agreements and separation agreements.

You might be interested in

Divorce Day: fact or fiction?

Divorce Day: fact or fiction?

Published on
Caroline Elliott
Caroline Elliott
Partner
Roythorne Solicitors

The first working Monday of each year is dressed up as a big day in which new divorce proceedings are started, but, despite the hype, Divorce Day is not as it seems.

It’s not uncommon for couples to put their separation issues on hold during December so that the festive period is less disturbed, whether for themselves or family and children. As clients call a truce on the legal side of their breakup, cases are pushed back – meaning the reality of Divorce Day, and the reason solicitors are busier at this time of year can often be because existing cases are picked back up.

Yes, there will be new enquiries every January. However, enquiries of this nature come in all year round. Those who decide to move forward with a divorce will no doubt have considered doing so for a while and will not have rushed into the decision. What we can say is that many enquiries that come in during January may have been influenced by the Christmas period when couples tend to spend more time together – and they reach the end of their tether.

Divorce Day has been a media event for almost as long as I can remember during my 30 years working in family law. While it has attracted much more attention in recent years, I do not think the hype reflects the reality.

After The Divorce, Dissolution and Separation Act (2020) commenced in April last year, it has been easier to obtain a divorce because there is no longer the need to lay the fault on the other party and individuals can dissolve their marriage independently. However, this has not changed the divorce rate ahead of Divorce Day 2023.

While there was an uptick in new divorce applications following the change in the law, this was primarily due to people knowing the change was coming and waiting for the new simpler process.

Family law specialists, like myself, will almost always be required during the divorce to help resolve the contentious elements of separation, such as children and finances. Although the new law provides some autonomy as clients can, if they wish, progress the actual divorce themselves, it appears that many people still prefer to continue using legal representation for this, instead of taking on another task for themselves during what is undoubtedly a difficult and often stressful time.

Historically, legal support has been almost essential to complete the complex parts of a divorce so it’s not surprising that there has not yet been a major shift in thinking, and I don’t think that will change. People will still seek help at a very difficult time in their lives and simplifying the dissolving of the marriage through no-fault divorce only represents a small part of that process.

No-fault divorces are still in their infancy but the new law seems to have made no real difference for the majority of cases which will still rely on legal representation to sort out children and money issues.

About Caroline Elliot

Caroline is a Partner at Roythornes Solicitors. Primarily working out of our Alconbury office within the family team, Caroline also serves clients in the Nottingham area. She has nearly 30 years of experience in Family Law, with her clients mainly business owners and executives, and professionals.

You might be interested in