A divorce can only be obtained if one of five specific reasons are proven. One of the reasons is adultery yet how adultery is actually defined in law can lead to a great deal of confusion, myth and misinformation which can only add to the frustration and emotional turmoil.
According to studies married men are statistically far more likely to stray than women with the former having a 50% of chance of engaging in an extra marital compared to 26% of women.
Yet what might represent a bond broken and an irretrievable breakdown of trust for the person on the receiving end of their partner’s pursuit of relations outside of marriage may not be seen as one of the same in law.
Contrary to popular belief, adultery doesn’t include all forms of sexual activity. In fact it only refers to full sexual intercourse between a man and a woman where one or both of those involved are married to other people. If the extra marital affair involves a same sex relationship then it doesn’t count.
There are also cases where lesser forms of sexual gratification are deemed insufficient to be counted as adultery. Another misconception is that sexual intercourse with another person outside of marriage doesn’t count as adultery following separation when technically it does.
If you require further advice on divorce law, please get in touch.