A divorce may be granted if either you or your partner has had an extra-marital sexual relationship (committed adultery) and the other partner cannot continue to live with the adulterer. It must be decided that the couple cannot continue to live together within six months of the adultery occurring.

Please note that the court will require information regarding the adultery, such as times and places when and where it occurred. A divorce will only be granted if the court is satisfied that adultery has occurred and that this has caused the marriage to irretrievably break down.

If both partners agree to divorce on the grounds of adultery, only statements and details of the sexual relationship will be required by the court. However, if one of you disputes that adultery occurred, it will be necessary to provide proof. It is important to bear in mind that this may be hard and costly to get.

A woman who has been raped is not considered to have committed adultery, but a man who commits rape is.