5,109
edits
Difference between revisions of "Divorce (3:IV)"
From Clicklaw Wikibooks
→1. Adultery: s 8(2)(b)(i)
| Line 71: | Line 71: | ||
Adultery is voluntary sexual intercourse between a married person and a person other than his or her spouse. The meaning of “adultery” includes sexual acts outside the marriage with a person of the same sex (''SEP v DDP'', [2005] BCJ No 1971 (BCSC)). The standard of proof for adultery is the same as the civil standard: the Court must be satisfied on a balance of probabilities (see ''Adolph v Adolph'' (1964), 51 W.W.R. 42 (BCC.A)). Proof can come in the form of an affidavit from one or both of the adulterers. | Adultery is voluntary sexual intercourse between a married person and a person other than his or her spouse. The meaning of “adultery” includes sexual acts outside the marriage with a person of the same sex (''SEP v DDP'', [2005] BCJ No 1971 (BCSC)). The standard of proof for adultery is the same as the civil standard: the Court must be satisfied on a balance of probabilities (see ''Adolph v Adolph'' (1964), 51 W.W.R. 42 (BCC.A)). Proof can come in the form of an affidavit from one or both of the adulterers. | ||
The Court will require proof that the adulterous conduct was not forgiven by the innocent spouse (condonation) and that the conduct was not conspired towards for the purposes of obtaining the divorce (collusion and connivance). | The Court will require proof that the adulterous conduct was not forgiven by the innocent spouse (condonation) and that the conduct was not conspired towards for the purposes of obtaining the divorce (collusion and connivance, see below). | ||
=== 2. Physical or Mental Cruelty: s 8(2)(b)(ii) === | === 2. Physical or Mental Cruelty: s 8(2)(b)(ii) === | ||
