Adultery and divorce Procedures: What you need to knowAdultery and Divorce in France 2025: Legal Impacts

1-Introduction

Adultery and divorce remain a key factor in 30% of divorce applications in France (INSEE, 2023). Although divorce by mutual consent predominates, its impact on alimony and child custody raises complex issues. This article looks at its current legal role, the admissible methods of proof, and its practical impact on court rulings.

“Proven adultery and divorce can alter the financial balance of the divorce, even if it no longer annuls the marriage.” – Élodie Roux, family law lawyer

2. How to Prove Adultery Legally? Practical Guide

2.1 Admissible vs. Illegal Evidence

The RGPD and Article 259-2 of the Civil Code strictly regulate the methods of proof for Adultery and divorce Adultery and divorce:
✅ Accepted:

• Non-hacked written exchanges (SMS, emails)

• Testimonials from friends and family

• Hotel bills or bank statements

• Photos taken in public

❌ Rejected:

• Clandestine voice or video recordings

• Geolocation via smartphone without consent

• Hacking into social networking accounts

2.2 Private Investigation: A Strategic Solution

In 2023, 37% of adultery evidence was gathered by accredited detectives. Our agency, My Own Detective, recommends :

1. Checking bookings via secure databases.

2. Analysing telephone records with the agreement of a lawyer.

3. Discreet surveillance in public places.

3. Financial consequences: alimony and division of property

3.1 Compensatory allowance and adultery

A study by the Cour de cassation (2024) shows that spouses who are victims obtain 23% more benefits on average when adultery is proven. Two criteria influence the amount:

1. Duration of infidelity: An affair lasting 2 years or more is likely to result in an increase.

2. Impact on assets: Expenses incurred for the extramarital relationship (gifts, travel) may be deducted from the offending spouse’s share.

3.2 Sharing Assets: Tips to protect yourself

• Separation of property clause: If included in the marriage contract, it limits the risks.

• Repayment of debts: Debts incurred for an affair can be charged to the unfaithful spouse.

4. Childcare: Myth vs. Reality

4.1 Misconceptions

• Myth: Adultery = automatic loss of custody.

• Reality: Only 12% of judgments change the habitual residence on this ground (INSEE). The priority criteria remain :

  • The child’s emotional stability

  • Parental capacity

4.2 Exceptional cases

Custody may be adjusted if the adultery :

• exposes the child to moral danger (e.g. multiple partners at home)

• Seriously disrupts the child’s emotional balance (testimony from psychologists required)

5. Alternatives to Contentious Divorce: Our Advice

5.1 Family Mediation

• Saves up to 40% in legalcosts.

• Allows you to negotiate tailor-made agreements, particularly on :

  • Maintenance payments

  • Visiting rights

5.2 Collaborative Divorce

• Brings together lawyers and chartered accountants for an amicable solution.

• Preserves confidentiality, ideal for public figures.

6. Case Study: Winning Customer Strategy

In 2023, a client suspected her husband of having an affair with a colleague. My Own Detective has :

1. Identified hotel bookings via a travel platform.

2. Recovered night calls over 6 months.

3. Obtained written testimony from a close friend.
   Result: €35,000 additional compensatory allowance and primary custody of the children.

7. FAQ: Frequently Asked Questions about Adultery and Divorce

Q1 : Is adultery still an offence in France?
No. Since 1975, adultery is no longer punishable under criminal law, but it can lead to a civil divorce.

Q2: Can I use screenshots from social networks as evidence?
Yes, if obtained without hacking (e.g. public profile).

Q3: Does adultery affect child support?
No. Child support is a right strictly calculated according to the child’s needs and the parents’ income.

Q4: How can I protect my assets before a divorce?
Opt for :

• A separatist marriage contract

• An advance declaration of debts

8. Unusual tips and little-known facts

• Women initiate 65% of fault-based divorces linked to adultery (INED).

• July is the record month for adultery investigations, according to My Own Detective.

• Virtual infidelities (intimate online messages) are now admissible in court.

Conclusion

Adultery may no longer be a condition for the dissolution of a marriage, but its strategic impact on judicial decisions persists. Well-documented legal evidence remains crucial to defending your financial and parental interests. At My Own Detective, our accredited investigators have mastered investigation techniques that are 100% compliant with French law, combining discretion and efficiency.