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Bertus Preller Explains the Legalities of Adultery in South Africa

Everyone's Guide to Divorce and SeparationBertus Preller, author of Everyone’s Guide to Divorce and Separation, has written an article looking at the legalities of adultery in South Africa. He points out that although adultery is not classified as a crime in South Africa, as it is in many other places in the world, there have been high profile cases in which claims for damages against a third party have been ruled.

Preller considers the arguments for and against this kind of legal action, which renders the cheating spouse blameless, and concludes that, “It is debatable whether, in today’s day and age, there is still place for an action to sue a third party for adultery in South African law.”

Infidelity, adultery and cheating in marriage is a serious problem affecting society as a whole. The rapid evolution in social living and the rise of technology have propelled this problem to an all new level. The reality is that infidelity brings heartbreak to the affected parties. Adultery laws dates back to the days of the Old Testament and the term stemmed from the notion of “adulterating” or polluting the bloodline of a family when a married woman had sex with someone other than her husband and ran the risk of having another man’s child.

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