Reasons to choose Wilson Browne
In a four-part TV series, titled ‘Beckham’, ‘Posh’ addressed the speculation that David allegedly had an affair while he was playing for Real Madrid
The questions is…Did he? Didn’t he? Is there any evidence, or is it all media speculation?
Before 6th April 2022 adultery was a fact that could be relied upon to issue divorce proceedings – if it was admitted or there was evidence that it had taken place.
However, since then ‘no fault’ divorce was introduced, so there does not need to be any allegation of adultery or any other ‘fact’ to issue an application.
What about whether ‘adultery’ affects a financial settlement within divorce? It is very difficult to imagine a case where an extramarital affair would itself impact a financial outcome.
There is a factor summarised as conduct that would be ‘inequitable’ to disregard, but that is relevant in only the most exceptional of cases. Such behaviour has been defined as ‘gross and obvious’, for example an assault by one spouse upon another resulting in the victim being unable to work.
So, the reality is that speculation will continue about Becks, but if Posh ever wanted to issue divorce proceedings against him she could do so without having to prove or allege adultery. As to the financial settlement, they may have entered into a pre or post-nuptial agreement which could be the basis upon which those matters are resolved anyway.
If you are planning to marry and want to have advice on protecting your assets under a Pre-Nuptial Agreement, want advice about divorce or are concerned about the financial consequences of a relationship breakdown contact our Family Law Team on 0800 0886004