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SA Family Court - Domestic Partner Committing Adultery?

Discussion in 'Family Law Forum' started by Aisling, 19 February 2016.

  1. Aisling

    Aisling Member

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    My brother-in-law has passed away as a result of a fatal car accident. The court ruled that next of kin is the mother to his children (both under 18). She is considered a domestic partner.

    Previously, they had been in a 7-year relationship but never married. Leading to his death, they had been separated and not living together for two years due to her cheating on him for a few months. Can this be considered adultery in the eyes of the family court as they described their previous relationship as though they were married. Can this change the decision of her being next of kin?
     
  2. sammy01

    sammy01 Well-Known Member

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    If the magistrate has already made a ruling, then it is gonna be hard to get that changed.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Adultery is immaterial in any family law proceedings. If he didn't have a will drawn up, it makes sense to make the mother of his children the next of kin because it means the children will benefit the most from his estate.
     
  4. Aisling

    Aisling Member

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    I understand this, but if we had evidence to support her unfaithfulness in their relationship, does this count as adultery and unwillingness to commit to a family role?
     
  5. AllForHer

    AllForHer Well-Known Member

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    No, adultery is immaterial in any family law legal proceedings, which is essentially the legal way of saying 'the court doesn't care if she was unfaithful'. Evidence of adultery, therefore, is also immaterial. If he had a new de facto partner, then that partner might have a case, but even then, she would need to prove that they were in a de facto relationship.

    The proof of adultery wouldn't be persuasive evidence to that end - it would show he had split with his former spouse, but wouldn't show that he was in a de facto relationship with the new spouse.
     

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