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With the party that files for the divorce also usually the one that pays the court’s fee of £550, it’s not surprising that, when a married couple separates because one party committed adultery, it’s the spouse that committed the offence that looks to apply for the divorce in order to shoulder this cost. Unfortunately, this inevitably causes problems.

Unfortunately, when any of the three fault based grounds (adultery, unreasonable behaviour or desertion) are cited as the reason for a marriage irretrievably having broken down, the petitioner (the individuals that formally requests the divorce) must state that they find it intolerable to remain married to the respondent (the party not filing for divorce).

Because of this, it is not possible for someone to file for a divorce whilst relying on their own adultery. By doing this, the petitioner would essentially be claiming that they could no longer reasonably be expected to remain married to the respondent as a result of their own actions – something which the courts will not accept.

When couples find themselves in this situation, they’re usually left with two options: the ‘victim’ of the adultery can file for the divorce or the adulterer can file on the grounds of their spouse’s unreasonable behaviour. The former is problematic because the ‘victim’ of the adultery feels that they should not pay the court’s fees. The latter can cause problems when the ‘victim’ feels they should not be blamed for the breakdown of the marriage or because they simply have not behaved unreasonably.

Under such circumstances, the logical solution is actually pretty simple: the party that committed the adultery can pay their spouse the fees in question before they file for the divorce. Whilst this would mean that the couple could obtain a divorce on the grounds of adultery, that the appropriate party would be blamed for the breakdown of the marriage and that the person that committed the adultery would foot the bill for the court’s fees, there is still one hurdle that’d need to be cleared: a lack of trust.

Once it becomes necessary for the parties to exchange money before the process has even begun it is, in our experience at least, normal for a lack of trust to cause delays. If the parties are still on relatively good terms, this can usually be overcome with little more than simple reassurance. When the relationship has become more fraught, though, the thought of simply handing over several hundred pounds is met with trepidation and a standoff usually ensues.

One possible solution here is that the petitioner files for the divorce under the proviso that, following them having received correspondence from the court (and therefore proof that the request was filed and the fee paid), the respondent repays them. In this instance, the petitioner can seek added security by requesting that the courts order the respondent to return these fees to them by ticking the relevant box in section 11 of their Divorce Petition meaning that they can then pursue repayment through the small claims court if necessary. This arrangement should also suit the respondent as they will not be pursued by the court in any way unless the petitioner authorises the necessary proceedings.

Do you have further questions about getting a divorce on the grounds of adultery? Then get in touch with Quickie Divorce’s friendly and knowledgeable advisors today.