Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
58. Damages for adultery may be claimed against co-respondent
Feedback & supportOn a petition for divorce in which adultery is alleged, or in the answer of a party to the marriage praying for divorce and alleging adultery, the party shall make the alleged adulterer or adulteress a co-respondent, unless excused by the court on special grounds from doing so.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
A petition under subsection (1) may include a prayer that the co-respondent be condemned in damages in respect of the alleged adultery.
Where damages have been claimed against a co-respondent—
if, after the close of the evidence for the petitioner, the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requiring him or her to reply, the co-respondent shall be discharged from the proceedings;
or
if, at the conclusion of the hearing, the court is satisfied that adultery between the respondent and co-respondent has been proved, the court may award the petitioner such damages as it may think fit, but so that the award shall not include any exemplary or punitive element.