Cheryl Cole has at last filed for divorce, or so the newspapers say. But although allegations about Ashley’s infidelity are all over the papers Cheryl has chosen, apparently, to issue a divorce on the basis of Ashley’s unreasonable behaviour. So why wouldn’t Cheryl issue on the basis of adultery?

All divorces are applied for on the basis that the marriage has irretrievably broken down. Whether it has broken down due to adultery, a period of separation, or unreasonable behaviour is less important to the Court. It will make no difference, for example, to the division of the couples not insubstantial wealth. Combined with the fact that adultery itself is hard to prove or if Ashley denies it, Cheryl’s approach is a sensible one.

Indeed, although we may never see the divorce petition Cheryl has issued, it would not be surprising if it alluded to ‘inappropriate relationships’ but fell short of alleging adultery itself. This way, Cheryl’s reasons for wanting the divorce would be made clear, without the increased legal cost and difficulty of proving her husband’s alleged infidelity.

Whether you have the Cole millions or not, Emma Birch, Gemma Palmer or any other member of Enoch Evans’ Family Law Department can guide you through the divorce process step by step, and give clear advice on how best to proceed.

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