Lawyer Spills the Tea: Attorney Explains If You Can Legally Sue a Mistress for Destroying a Marriage

Lawyer Spills the Tea: Attorney Explains If You Can Legally Sue a Mistress for Destroying a Marriage

  • An attorney in South Africa got candid about the laws regarding suing a mistress for the breakup of a marriage
  • She explained how people could go about it and stated whether infidelity is now illegal in Mzansi
  • The online community chimed in as they took to the comments section to share their thoughts on the lawyer's findings

A local lawyer captured the attention of many people online after she revealed whether South Africans can legally sue a mistress or third party for "destroying a marriage," and the answer may surprise you.

A lawyer shared whether you can legally sue a mistress for destroying a marriage in South Africa.
A lawyer discussed the legality of suing a mistress for the destruction of a marriage in South Africa. Image: @legalames
Source: TikTok

Can you sue a mistress for divorce in SA?

She took to her TikTok account under the handle @legalames, where she explained in detail the laws regarding suing a mistress for the breakup of a marriage.

The legal expert said that South African law does allow for lawsuits against a third party for breaking up a marriage. @legalames added that some old and common laws would allow someone to sue an individual for the reason why the marriage ended.

"However, guys, it's very difficult to prove, and it's not something we do. The reason is that, generally, you can't blame the entire end of a marriage on just one thing, like saying it was infidelity. Because the other person will come and go. No, it's not just infidelity; we had no relationship. Our relationship had broken down, we weren't talking to each other, we weren't in a good place, whatever the case may be," @legalames said.

The attorney also expressed that it is not illegal to cheat on your spouse. Although you can sue the mistress because the laws allow it, she advises people to simply divorce and move on quickly to avoid spending money on a case that may not be won in court.

@legalames's video, which has gone viral, left many shocked. Some viewers expressed frustration at the lack of legal recourse for emotional pain, while others praised the lawyer for keeping it real.

Watch the video below:

Mzansi weighs in on the law of mistresses in SA

Mzansi is buzzing with reactions as South Africans weigh in on the legality of suing mistresses, following lawyers' comments about whether infidelity can be legally punished in the country.

Itslengsluvs said:

"Technically, the mistress owes you nothing (unless it’s a friend), you’re not entitled to the mistress’s loyalty… your spouse made that vow to be loyal, deal with your spouse’s breach of contract."

Sunshine wrote:

"Generally, it's the husband who got involved with a mistress who has to be sued if the wife really wants to sue."

Ano inquired:

"What if the mistress had two kids in the process and you just found out? Not only that, but he paid lobola to her family behind your back, but you are in a civil marriage?"

George commented:

"It's not illegal, no, but yes, you can sue a 3rd party. Years ago, you could even sue ur partner for infidelity, but not any longer. There are cases of law about this, and some international law was used in certain matters like this."

A lawyer discussed the legality of suing a mistress for the destruction of a marriage in South Africa.
A lawyer shared whether you can legally sue a mistress for destroying a marriage in South Africa. Image: @legalames
Source: TikTok

Women who caught their men cheating

Source: Briefly News

Authors:
Johana Mukandila avatar

Johana Mukandila (Human Interest Editor) Johana Tshidibi Mukandila has been a Human Interest Reporter at Briefly News since 2023. She has over four years of experience as a multimedia journalist. Johana holds a national diploma in journalism from the Cape Peninsula University Of Technology (2023). She has worked at the United Nations High Commissioner for Refugees, PAICTA, BONA Magazine and Albella Music Production. She is currently furthering her education in journalism at the CPUT. She has passed a set of trainings from Google News Initiative. Reach her at johana.mukandila@briefly.co.za