Adultery in South Africa

What does the law say about adultery in South Africa?

South African law is based on Roman Dutch law, and it has been a long held principle in that and South African law that if a man commits adultery with a married woman, that man can be liable to be sued by the husband of the woman with whom he commits the adultery.

Can you sue someone for cheating South Africa?

In South Africa one cannot sue for adultery, however, courts are at liberty to decide on other actions related to the breakdown of a marriage

What happens in a divorce when a spouse cheats in South Africa?

Extra-marital affairs (adultery) or other matrimonial offences may lead to an irretrievable breakdown when one or both of the parties find it impossible to continue a normal marriage relationship as a result thereof, but it is not in itself a stand-alone ground for divorce in South Africa

Can you divorce someone without their consent in South Africa?

You do not have to get your spouse’s permission to get a divorce. If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent. In special circumstances you may get your marriage annulled.

Can I sue my husband for cheating in South Africa?

Adultery is still legally relevant in South Africa. Although it is no longer a crime,³ the Transvaal High Court (as it then was) confirmed in 2008 that the innocent spouse’s claim for delictual damages against a third-party adulterer remains part of South African law.