Adultery as the Reason for Divorce
There is one ground for a divorce, and that is that the marriage has broken down irretrievably.
To show that your marriage has irretrievably broken down, you have to prove one of five reasons – one of which is that one of you has committed adultery.
Adultery in the context of a divorce is the voluntary sexual intercourse between a man and a woman who are not married to each other but at least one of them is married to another person.
Due to the potential legal costs involved in proving adultery in divorce, the person filing for divorce will often ask their partner to admit to the adultery before starting divorce proceedings and get them to sign a confession statement.
The Court will accept an acknowledgment and confession statement as proof that the adultery took place.
If your partner refuses to admit to their adultery or sign a confession statement, you will have to gather and disclose evidence to the Court of the adultery. It’s difficult to prove beyond an intention to commit adultery and an intention to commit alone will not satisfy the Court.
Defended cases can end up costing you more in legal costs because of the time taken to draw up statements as evidence and attend contested Court hearings.