ADULTERY

Did you know?

 

Adultery now without consequences since 2015!

 

Excerpts and nuances from the Constitutional Court Judgment:

• ·       The decision was “undoubtedly of historical moment” in South Africa.

• ·       The origin to sue in terms of this delict has origins which was was “deeply rooted in patriarchy”, and that this had initially led to a civil claim being only available to the husband.

• ·         Internationally the trend was towards scrapping the civil claim based on adultery.

• ·        Now, spouses themselves had the main responsibility to protect and maintain their marriage relationship.

• ·         “The law cannot shore up or sustain an otherwise ailing marriage”.

• ·         “It continues to be the primary responsibility of the parties to maintain their marriage.”
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•  “For this reason the continued existence of a claim for damages for adultery by the ‘innocent spouse’ adds nothing to the lifeblood of a solid and peaceful marriage.”