First of all, it is important to identify what adultery is. 

Adultery is mentioned in the Women's Charter. However, the Women's Charter does not define what adultery is. Because of this, the court is likely to adopt the "usual" meaning of adultery which is, "voluntary sexual intercourse between a married person and a person who is not their spouse." Again, usually, this would mean penetration of some sort. In other words, just holding hands or cuddling with the third party is not "serious" enough to be adultery.


Second, the Court requires convincing evidence before it will rule that your spouse committed adultery with a third party. Simply because your spouse and a third party stayed in a hotel room for a night may not be enough. The compromising photos you found, on the other hand, may be sufficient depending on how explicit they are and whether you can prove that they are genuine. Call Lam & Co. at 6535 1800 and we can share our expert, professional opinion with you.

Often, adultery can be proved using your spouse's confession (if any), eyewitness evidence, video recording, DNA evidence (showing a child born of an adulterous union), etc. We can also help you assess such evidence.

Third, if you apply for a divorce based on adultery and your spouse denies it, the Private Investigator costs and litigation risks (that is, the risk of the Court finding that there is insufficient proof of adultery) can often be quite high. It is best to get professional legal advice before proceeding.


Fourth, you should also be aware that the benefits of applying for divorce based on adultery may not be what you expect. If you thought the Court would punish your spouse for committing adultery,  for example, by giving a smaller share of the assets, awarding lower maintenance or taking the children away, this may not be correct. Nowhere in the Women's Charter does it say your spouse should be punished for committing adultery. 


Fifth, the Court will divide the matrimonial assets based on the factors mentioned in Section 112 of the Women's Charter and these do not explicitly mention adultery. As for the children's custody, the paramount consideration will be the welfare of the children. On the other hand, if there is very clear evidence that your spouse had used a large part of the family's assets on the adulterous affair, the Court may take this into account.


Sixth, what if your evidence is not strong enough? This does not necessarily mean you cannot get your divorce. Lam & Co. can advise you on a much more effective, cheaper and less risky way to apply for your divorce.
Any questions? Call Lam & Co. now at 6535 1800.


About Lam & Co.

We seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.