What if my spouse won't sign the affidavit? Can I give evidence that my husband has committed adultery? Would I have to hire a private detective?

The days of having to hire a private detective to prove adultery are long gone! If you want to establish adultery, it should be sufficient for you to give evidence of it in your written affidavit. If your spouse contests this, you can file an affidavit from anyone who might have personal knowledge of the adultery in order to establish it as a fact.

Remember that divorce in Canada is not supposed to be about penalties for a spouse who has committed adultery, merely to establish that the marriage is over — although a 2006 Supreme Court of Canada decison suggested that the effects of infidelity may be relevant in determining the consequences of the adultery and subsequent financial settlements.

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July 2006

see also:

• More Divorce FAQs

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