I am contacted by clients who say that my partner has a new relationship, it’s a same sex relationship, can I please petition on the basis of adultery and the short answer to that is no, you can’t. The law is a little bit behind on that and in fact it has to be adultery with a member of the opposite sex for it to qualify legally as adultery. So what we tend to do in these situations is that we would use that allegation of a new relationship, same sex relationship as part of an unreasonable behaviour petition so that certainly can be done but it can’t be done on adultery.
Another anomaly that crops up is that I am often asked whether you can bring a petition on the basis of your own adultery and you can’t. You have to proceed on the basis of your spouse’s adultery, not on your own.