Adultery

Overview

You can get a divorce on the basis that your spouse has committed adultery. This ground for divorce has two elements to it, namely that your spouse has committed adultery and, secondly, that you find it intolerable to live with him/her. In this context adultery has its common meaning, and the definition of adultery should not cause any difficulties in a typical case. A single act of adultery by your spouse is sufficient for you to get a divorce. You cannot seek a divorce by relying on your own adultery.

Intolerability

You need not find it intolerable to live with your spouse specifically because of the adultery, and the adultery need not even be the reason for the breakdown of the marriage. The question of intolerability is therefore separate from the fact that adultery has occurred, even though in most cases they are likely to be linked. In practice, you do not need to produce specific additional details of intolerability. As long as your spouse admits adultery, the court will accept as a matter of course that you find it intolerable to live with your spouse.

Naming Names?

It is neither necessary nor recommended to name the person with whom your spouse has committed adultery (referred to as the co-Respondent) in your petition, even if you know who it is. The court does not need to know the name of the co-Respondent, provided that your spouse admits the adultery after your petition is issued. If you do name the co-Respondent, it would be necessary for your petition to be served on that person as well as your spouse, which might cause delay and complications.

Cooperation

Our service depends on your spouse’s cooperation. After your petition is issued, a copy will be posted to your spouse from the court. He/she will need to sign the enclosed form confirming whether or not the adultery is admitted. If your spouse accepts that adultery has taken place, it is very unlikely that the court will require any additional evidence, and your divorce should proceed without any difficulty.

Reconciliation

The law allows parties to try to get back together (referred to as reconciliation) after one spouse finds out about an act of adultery for a single period or combined periods of up to six months. Consequently, you can still rely on an act of adultery to get a divorce, as long as you do not live with your spouse for more than six months as man and wife after finding out about it. Each fresh act of adultery kicks off a new six month period.

Living apart under the same Roof

It is legally possible to live separate and apart from your spouse, even if you are both living under the same roof, as long as you maintain separate households within the property. The courts recognise that this does happen, usually for financial reasons. However a fairly strict legal test is applied and you might have to provide details to the court about the actual living arrangements such as whether you share a bedroom, eat meals together or share social time, what arrangements are made for cleaning and other domestic tasks, and how you pay household and other bills.

Back to top

Free legal information