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WHAT MUST YOU PROVE TO GET A DIVORCE BASED ON THE FACT OF ADULTERY?
According to section 95(3)(a) of the Women’s Charter, a divorce can be granted, based on fact of adultery, for a marriage that is at least 3 years old. The plaintiff (i.e. the spouse filing for divorce) must prove:
- Their spouse has committed adultery; and
- The plaintiff finds it intolerable for him or her to live with their spouse
An adulterer cannot use evidence of his or her own adultery to file for divorce.
WHAT CONSTITUTES ADULTERY?
Conventionally, voluntary extramarital sex constitutes adultery. It is immaterial whether the third-party is married as well.
It is also possible for extramarital homosexual affairs to constitute adultery.
WHAT EVIDENCE WILL YOU NEED IN ORDER TO PROVE ADULTERY?
A plaintiff who files for divorce must adduce evidence proving that adultery has taken place.
To do this, he or she may secure irrefutable proof, such as video evidence of the act.
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