How to Prove Adultery for Divorce Purposes
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. Adultery must first be proven, and the applicant must also prove that it is intolerable for him or her to live with his or her spouse.
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.
Evidence of Adultery
An applicant 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. Alternatively, the inclination and opportunity to commit adultery may also be adduced as evidence.
The plaintiff may try to provide proof showing that his or her spouse had both the intention and the opportunity to commit the act. For instance, this could include photographs of the adulterers in intimate poses, or the spending of time together in a hotel. To secure such evidence, it may be essential for the plaintiff to engage the services of a private investigator.
Alternatively, SMSes, email exchanges or phone conversations may also be used as evidence to prove the case. Additionally, the existence of a lovechild is a pivotal piece of indirect evidence of adultery. Ultimately, the best possible proof is a confession by the defendant confessing to his or her adultery, which amounts to direct evidence of adultery.
An adulterer cannot use evidence of his or her own adultery to file for divorce.
When Must You Commence the Divorce Proceedings?
Also, pursuant to section 95(5)(b), if the innocent party continues to live together with the adulterer for more than 6 months without commencing divorce proceedings, the adultery can no longer be grounds for divorce. Generally, the adulterer is usually ordered to pay the court fees if he or she loses in the proceedings.
Need to collect evidence of adultery? Use our Find a Private Investigator service to get in touch with our partnering private investigating firm.
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