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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think ADULTERY should be treated as FRAUD and punished accordingly?

146 replies

LockedDownLil · 04/01/2021 16:14

By way of the cheated spouse being accorded a larger proportion of finances, automatic full custody of the children, and the cheaters name being besmirched forever more? Like a cheaters register similar to a bankruptcy register. They’re morally bankrupt so it’s pretty much the same.

Is the reason that there are no penalties for this serious breach of contract because it’s mainly men who are the perpetrators?

OP posts:
ASimpleLobsterHat · 04/01/2021 16:16

Sorry you’ve been cheated on OP, but that idea is clearly ludicrous.

Lemonpiano · 04/01/2021 16:18

Right.

LockedDownLil · 04/01/2021 16:19

Nope never been cheated on.

Why is it ludicrous? Marriage is a legal contract.

OP posts:
Jangle33 · 04/01/2021 16:21

Wow, just wow. What about stoning while you’re at it?

VettiyaIruken · 04/01/2021 16:21

You can't make the law emotional, you just can't.

You're a cheating sack of shit so I get the house.

Yes, cheating is a disgusting thing to do to someone but you can't start making asset decisions based on anger or individual morals.

MadameButterface · 04/01/2021 16:21

Hard cases make bad law, making divorce more acrimonious is a step backwards for society. Any kind of measures making divorce settlements punitive based on subjective morality would be open to being used as an avenue for emotionally abusive spouses, of whom there are at least as many as there are cheaters, to continue abusing their spouse.

Kpo58 · 04/01/2021 16:22

Just because someone isn't a very good partner, it doesn't necessarily mean that they aren't a good parent, so I can't see why the cheated on partner should automatically get full custody of any children.

I do wish that there was a way to punish people who empty joint bank accounts though.

vodkaredbullgirl · 04/01/2021 16:22
Hmm
PurpleDaisies · 04/01/2021 16:23

This is a terrible idea.

edwinbear · 04/01/2021 16:23

And what hard evidence would you require to prove this in a court of law OP? Hmm

ASimpleLobsterHat · 04/01/2021 16:23

Well for a start, it is generally in the children’s best interest to see both parents and so punishing the adulterer by awarding full custody to the other parent also punishes the children by depriving them of a relationship with one of their parents.

Bluntness100 · 04/01/2021 16:23

Wasn’t this a movie, the scarlet letter? Were you bored and watched that so came up with this nonsense?

VettiyaIruken · 04/01/2021 16:24

It is a contract, yes.
And breaking the terms leads to the voiding of the contract. Divorce. You can't impose a shithead tax on top.

MrsMomoa · 04/01/2021 16:24

Err...no. Ridiculous.
Over-reaction much?! Hmm

HangOnToYourself · 04/01/2021 16:24

Ah yes, that absolutely wont lead to more cheating men to murder their wives...

FrostedCranberries · 04/01/2021 16:24

People make mistakes. You're so wrong.

Milkshake7489 · 04/01/2021 16:24

I think there could be an argument for a larger share of the finances (some kind of penalty for breaking the marriage contract?) but it would be incredibly difficult to police and could create a slippery slope affect.

For example if your vows include 'for better or worse', could you be penalised for leaving someone who you no longer love for any reason?

Automatic full custody is a ridiculous idea. You can't punish children because one parent cheated.

Hollyoakswatcher · 04/01/2021 16:25

Where would you like this to end. If someone decides to end their marriage for no other reason than they fall out of love, do you think the partner can sue them for breaking their marriage contract.

And I’m sorry but you should not be taking it out on children, it’s not their fault that their family has been broken, regardless of how you feel about that person, unless they are abusive children need both their parents, regardless of whether they are together or not.

VettiyaIruken · 04/01/2021 16:25

@edwinbear

And what hard evidence would you require to prove this in a court of law OP? Hmm
A video and an expert in buttock identification to testify that yes, the buttocks moving up and down do indeed belong to the accused?
titchy · 04/01/2021 16:25

Definitely!

'Yes I know I'm an abusive nasty bastard but you cheated so now I'm gonna take the house and the kids.'

'What do you mean that's not beneficial to the kids because you're a SAHP and I work on the oil rigs three weeks a month. That's what the law says so there.'

MardyBicardi · 04/01/2021 16:26

Bloomin eck.

VettiyaIruken · 04/01/2021 16:28

What DOES need to happen is a hard line taken on those who try to hide assets! And bloody jail time for deadbeats who dodge paying for food etc for their children by going "self employed" or just refusing.

ItwasmeIswear · 04/01/2021 16:28

Yep sounds like a great idea 🙄

ComtesseDeSpair · 04/01/2021 16:28

It would make divorces a lot more difficult and a lot more expensive because of the burden of proof required. There are already relatively few divorces petitioned on the basis of adultery because short of an admission of guilt or video evidence, it can’t be proven - which is why most divorces end up being unreasonable behaviour.

thecatsthecats · 04/01/2021 16:28

Blimey, if anything could put me off fidelity it would be automatic full custody. I'd have an affair just in case.

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