Divorce Attorney explains about Enticement

The dissolution of a marriage or its annulment is a very sad business.  It is going to involve divorce papers and if you are lucky and can reach a settlement agreement it is possible to do an uncontested divorce.  Uncontested divorce forms are available online.

The action for enticement protects the consortium existing between spouses against the intentional destruction by a third party and has been recognized as being part of our law in South Africa.  The action is as available to the aggrieved wife as it is to the aggrieved husband.  It would also be available to either of the partners to a civil union in view of the fact that such a union has the same consequences as a marriage.  To succeed in this action the plaintiff spouse would need to allege that the third party knew of the existence of the marriage or civil union and that the object of the enticement was to deprive the innocent spouse of his consortium rights . The damages for enticement can be substantial because third parties “should realize that they cannot with impunity seduce married men [or married women] from their duty to their wives [or husband]”  Family Law Service: Schaefer.

If you are in a similar situation and would like to discuss the matter with one of our panel of attorneys please go to our website and click on the consultation button on the right.

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