Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what plans he has to amend the definition of adultery to include same-sex relations.

Parliament considered this definition during passage of the Marriage (Same Sex Couples) Act 2013. Adultery in this context has a longstanding definition and can, within the terms of the 2013 act, take place only between a man and a woman. A same sex extramarital affair can therefore not be cited in support of the legal fact of adultery for the purpose of a divorce petition under the existing law. People can and do, however, use the fact of behaviour in a divorce petition to cite same sex affairs or other kinds of infidelity that do not meet the legal definition of adultery.

Commencement of the Divorce, Dissolution and Separation Act 2020 will remove the requirement to evidence adultery or any other fact and replace this with a requirement to state that the marriage has broken down irretrievably. There will therefore no longer be a requirement to evidence matters of a personal nature that can introduce or worsen conflict to the detriment of any arrangements for the future, particularly about children.