S95(3)(a) of the Women’s Charter

If you are looking to file for divorce on the basis of your spouse’s adultery, you may wish to have a look at Section 95(3)(a) of the Women’s Charter.

What does Section 95(3)(a) of the Women’s Charter say?

Under Section 95(3)(a) of the Women’s Charter, the Court shall not hold that the marriage have broken down irretrievably for the purpose of divorce unless 1 of 5 facts is proven. The fact that one party has committed adultery and the person suing for adultery finds it “intolerable to live with” him/ her can be used as the basis of divorce.

The other 4 facts that can be used to support a divorce application are: unreasonable behaviour, separation for 3 years with consent, separation for 4 years and desertion.

Many of my clients first find out about their spouse’s adultery accidentally- by way of intimate photographs or text messages found on their spouse’s phone.

Case study

Take the example of Melissa Meeks. Melissa, 38, married 33-year-old Jeremy Meeks.

Jeremy was supposed to be on a working trip to Turkey. He was however photographed with Topshop heiress Chloe Green kissing passionately on a superyacht.

The photographs were made public and in Melissa’s words, “they weren’t even trying to be discreet”. Melissa branded the photographs “brazen”.

Melissa had come across the photographs when an Instagram user not known to her sent her a photograph of her husband kissing Chloe Green. Melissa was shocked and nauseous. To her, it felt like a “bomb had gone off” and her “whole world had been blown apart”.

When Melissa had a showdown with Jeremy, Jeremy kept apologizing- not for the affair but the way she found out. They discussed about a divorce and Jeremy agreed.

While the marriage was rocky, Melissa thought they were trying to make it work. Melissa has not spoken to her husband since.

See: Caroline Graham and Peter Sheridan, “Chloe photos plunged a dagger through my heart: Furious wife of ‘hot felon’ caught with billionaire’s girl reveals it’s DIVORCE”, The Mail On Sunday, 9 July 2017

The way Melissa found out about her husband’s affair is painful. Getting to know about your spouse’s adultery is never easy. Some of my clients go into denial. Others think about getting back.

However, what really matters is about getting on your feet and starting life afresh.

It is not easy. We are here to make it easier and less painful for you.

If you are exploring your options and wondering if you should file for divorce under Section 95(3)(a) of the Women’s Charter, contact us today!

You may also be interested to read more about:

1. Divorce and Separation

2. Annulment (Nullity) of Marriage

3. Children’s Issues

4. Matrimonial Assets

5. Maintenance Issues (Alimony)

6. Family Violence


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