Also according to the law, sexual intercourse with one wife in a polygamous marriage is not adultery, as far as another wife in the same marriage is concerned! That it is adultery if it is an extra-marital relationship with a person of the same sex.
In law, adultery only applies where there has been sexual intercourse between a man and a woman.
A partner who has been unfaithful before the marriage has not committed adultery.
It is only considered to be adultery if it continues after the marriage has taken place. That if you find it “intolerable” to continue to live with your spouse, it has to be linked to the adultery cited. For example, adultery may have been the final straw or chapter in a history of unpleasant behaviour. That it is a good idea to name the Other Woman or Other Man on the divorce petition.
An extra-marital relationship between two people of the same sex is considered an improper association.
A petition for dissolution of a civil partnership can be filed on the basis of unreasonable behaviour instead. That adultery before marriage will still count if you learn about it after the marriage.
And if one party has been raped, is under 16 or if consent has been obtained by fraud, sexual intercourse in any of those circumstances is not adultery.
Yesterday I appeared in my Legal Clinic on covers any sexual activity. It refers only to sexual intercourse between a consenting man and woman, one or both of whom are already married to other people.
Lesser forms of “sexual gratification”, as one court put it, are not sufficient to prove adultery.
You may desperately wish to do this and publicly name and shame the other person. If your spouse has admitted to adultery, there is no need to name the third party.
Yes, doing so may make you feel better – but it will complicate matters, increase costs all round and risk incurring the judge’s disapproval.