Does adultery affect divorce proceedings?
Does adultery affect divorce proceedings?
Adultery does not really affect the distribution of assets or the custody of children in a divorce case. Adultery does have an impact, however, in the settlement negotiations during a divorce. The great majority of divorce cases will settle (more than 85%), before going to trial.
Is adultery grounds for divorce in South Africa?
Adultery is still legally relevant in South Africa. In the Divorce Act, adultery combined with the inability to continue with the marriage, is still mentioned as one possible factor proving that the marriage has broken down irretrievably.
Who pays for the divorce when adultery is committed?
In 99% of cases, the Petitioner pays for the divorce (at least initially), and not the Respondent who has committed adultery.
What are the implications of admitting adultery in divorce?
Adultery is often the most contentious of the possible reasons for divorce as your spouse may be unwilling to admit that they were unfaithful or be concerned that if they formally admit this, it may affect any divorce settlement you reach or their access to any children you have together.
Can I sue someone for adultery in South Africa?
In South Africa one cannot sue for adultery, however, courts are at liberty to decide on other actions related to the breakdown of a marriage.
Does the respondent have to pay for divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The simple fact is that the petitioner always pays the divorce fees.
Can you sue your spouse for adultery in South Africa?
What are the consequences of being a named co-respondent in divorce?
The only consequences for you as a named co-respondent would be some hassle and inconvenience plus the possibility that a costs order is made against you. This would not be for much and unlikely to be more than the court fee paid by the petitioner in applying for the divorce.
What do you need to get a divorce for adultery?
All you need is for the respondent, your spouse, to admit adultery. As soon as you drag in the co-respondent, they become a party to the proceedings and have to be served with the divorce papers.
Can adultery be cited as a reason for marriage breakdown?
If adultery has been cited as the reason for marriage breakdown, the solicitor will need to know when approximately the adultery took place and whether that relationship is ongoing.
Can I name and shame the co-respondent in a divorce?
Whilst it may seem tempting, and entirely fair considering the circumstances, to ‘name and shame’ this third party – known as the co-respondent – the legal advice is always to remain silent to ensure a clean, swift and amicable divorce, a prompt financial settlement and to keep costs to a minimum.
