Held ( aff. decision of Second Division) that condonation of adultery is by the law of Scotland absolute, and cannot be made conditional by paction, and that therefore condoned adultery cannot, by reason of breach of a condition attached to the condonation by the forgiving spouse, be afterwards proved as a ground of divorce.
In an action of divorce brought on allegations of renewed adultery by the guilty spouse with the paramour, adultery which has been condoned may be proved, for the purpose of explaining the relations existing between them, and throwing light on the facts tending to prove the renewed adultery.
Observations ( per Lord Watson) on the extent to which the canon law is adopted into the marriage law of Scotland.
Condonation of adultery consists in the renewed cohabitation of the spouses as husband and wife in the knowledge by the condoning spouse of the guilt of the other, and the rule laid down by the institutional writers that the marriage thereafter continues in full force is traceable to the effect of cohabitation as man and wife as evidencing marriage.
Judges:
Lord Chancellor, Lord Blackburn, and Lord Watson
Citations:
[1884] UKHL 579, 21 SLR 579
Links:
Jurisdiction:
Scotland
Family
Updated: 28 June 2022; Ref: scu.636742