HELP: "I want to sue my friend for breaking up my marriage"


Anonymous from Cape Town writes:

I was married for 20 years and I recently divorced my husband after he had an affair with

my best friend. Can I sue my friend for breaking up my marriage?

Ausi Nthabi responds:

Unfortunately it is unconstitutional to sue third parties for adultery. The Constitutional

Court has ruled that a marriage is based on the concept of two willing spouses and when the marriage breaks down, it is not appropriate for the law to interfere in their affairs.

You need to simply make sure that you get your share of the matrimonial benefits (if you are married in community of property) and the pension fund.

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