Can you sue your spouse for infidelity 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.

Can adultery affect divorce settlement in South Africa?

Adultery can be used as evidence for the irretrievable breakdown of marriage when instituting divorce proceedings. Although the rules of no-fault divorce apply, adultery may be a relevant factor in determining spousal maintenance, redistribution orders and a claim of forfeiture of benefits.

Can you go to jail for adultery in South Africa?

In South Africa, infidelity in marriage may be seen as immoral, but it is not illegal. Disciplining the adulterer is in the hands of the betrayed spouse, which can sometimes result in legal implications. … Anyone caught having relations with a married woman, meanwhile, is likely to spend a year in jail.

What kind of evidence do you need to prove adultery?

To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the “disposition” to commit adultery and the “opportunity” to do so. Evidence of “disposition” includes photographs of the adulterous spouse and the other man or woman kissing or engaging in other acts of affection.

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What is a wife entitled to in a divorce settlement?

Each situation is unique and will be treated as such by the courts, but the type of things you might be entitled to include matrimonial assets such as: Money, including savings, investments and life insurance policies. Property, including the family home and any property they own individually. Furniture and appliances.

What is the punishment for adultery in South Africa?

Adultery is still legally relevant in South Africa. Although it is no longer a crime,3 the Transvaal High Court (as it then was) confirmed in 2008 that the innocent spouse’s claim for delictual damages against a third-party adulterer remains part of South African law.

What happens in a divorce if you commit adultery?

During your divorce, the Court will take into consideration the adultery of your spouse and modify alimony accordingly. … In this case, your spouse’s adultery may result in he or she paying more alimony. Your spouse’s adultery can only affect the divorce so much, however.

Can text messages prove adultery?

Texts that you once thought were private can now be used, and many courts are starting to subpoena text messages to see what is inside of them. … Yes, text messaging is now part of the modern world, but it can easily be used against you to prove that you were committing adultery, or that you have anger issues.

Should you contact the person your spouse is cheating with?

You may want to express your hurt and sense of betrayal and tell them what a terrible human being they are. You may want to scare them by threatening to tell their spouse about the affair. … Please, stop calling my spouse! Know this: the other woman or man cannot be trusted or appealed to.

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