HOW DO YOU PROVE ADULTERY?

The evidence of adultery may be direct or indirect.  Direct evidence leads directly to the conclusion that your spouse has committed adultery. The judge does not need to make an additional inference to reach such a conclusion.

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What constitutes evidence of adultery?

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A married person commits adultery by engaging in consensual sexual intercourse with a person of the opposite sex that is not his or her spouse.

The evidence of adultery may be direct or indirect.

Direct evidence leads directly to the conclusion that your spouse has committed adultery. The judge does not need to make an additional inference to reach such a conclusion.

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Examples of direct evidence include:

  • A confession by your spouse
  • The testimony of a personal witness to the commission of adultery
  • Photographs or video recordings of your spouse engaging in sexual intercourse with a third party

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    As one might expect, it is difficult to obtain direct evidence of adultery. Nevertheless, it is also possible for indirect evidence to serve as proof of adultery. Indirect evidence requires the judge to make an additional inference from the evidence furnished, in order reach the conclusion that your spouse has committed adultery.

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    Examples of indirect evidence include:

  • Photographs or videos of your spouse being physically intimate with a third party.
  • WhatsApp messages, phone records, or emails between your spouse and a third party.
  • Receipts of hotel bookings, flight tickets, phone records, or credit card bills.
  • The birth of an illegitimate love child.

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    Do note that indirect evidence must go beyond mere suspicion and opportunity. For example, even if you have a hotel booking receipt by your spouse, such evidence will not be sufficient if there is some other reasonable explanation why your spouse made the hotel booking. The indirect evidence must be so compelling that there is no other reasonable explanation, leading the Court to draw the irresistible inference that your spouse had committed adultery. The more evidence that you can gather, the more likely it is that the Court would make a finding that adultery had been committed.

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    If you are not able to find any incriminating evidence to prove adultery, you may still file for divorce under the ground of ‘unreasonable behaviour’ and cite instances of your spouse’s improper association(s) to show why you cannot reasonably be expected to live with him or her.

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