Navigating infidelity in Scotland: Can cheating be forgiven?

Discovering that your partner has been unfaithful often involves a whirlwind of emotions – from anger to sadness and self-doubt. The reasons behind infidelity are complex, and blaming yourself is not going to help you to move forward.

For some couples, rebuilding a relationship after infidelity is achievable with significant time and effort however, for other couples, infidelity ultimately leads to separation or divorce.

Defining Infidelity in Scottish Law

To divorce in Scotland, you need to establish that your marriage has broken down irretrievably. This can be established in four ways:

1. A period of one year separation with your spouse’s consent
2. A period if two year’s separation without your spouse’s consent Adultery
3. Unreasonable behaviour

Adultery is a fact that can be used in divorce proceedings to establish that a marriage has broken down irretrievably and that decree of divorce should be granted.

Will I get more in my divorce settlement if my partner had an affair?

In Scottish law, the financial aspects of separation and divorce are structured to ensure that both parties receive a fair share of the marital assets. This allocation is not contingent upon any specific behaviour, whether positive or negative. Therefore, if one party were to engage in an affair, they would not be financially penalised for their actions.