What is adultery?

04-04-2017
On a very regular basis popular Flemish newspapers and magazines publish articles on adultery. Under the sections of “crimes” and “justice” adultery is often named as a motive for violence and murder; magazines treat the subject in sections such as "sex and relationships". And also on television infidelity is all too common, and both soaps and reality series can attract millions of viewers every day when adultery is involved.

Definition and consequences in case of divorce.

Adultery and cheating is (literally picked up from the internet) having a (sexual) contact or a (sexual) relationship with another person who is not the regular partner. Although it is considered to be immoral behaviour, adultery as such is no longer a reason for divorce; however it should not be understood the wrong way. Adultery can still be established and can be used as evidence of the irretrievable breakdown of a marriage. In that case a divorce can be obtained within a very short term.

Financial consequences.

Being caught in the act of adultery may also have far-reaching consequences with respect to maintenance payments. In short, it comes down to this: the economically weaker partner will not be entitled (or at least to a lesser extent) to large maintenance payments if he/she is caught (by the economically stronger partner) in the act of adultery. In certain circumstances the economically weaker partner is entitled to demand maintenance payments if he/she has the economically stronger partner caught in the act of adultery. The term on which monthly maintenance payments can be demanded in most cases corresponds with the duration of the marriage, which as such will have major financial implications.

Price tag of the establishment of adultery.

Establishment of adultery does not always have to be extremely expensive. From experience we know that the price of our performance leading to the establishment, often constitutes only a fraction of the alimonies that are demanded or are to be paid. The documentary evidence collected by us is accessible for the courts and the documents can be drawn up in consultation with your lawyer. You can always visit our website for any further information or for making an appointment, free of engagement, with one of our collaborators.
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