Georgina Chapman, recently announced that she has chosen to leave her husband,
Harvey Weinstein, following the sexual harassment and assault allegations
against him. Chapman and Weinstein have been married since 2007 and have
two young children together.
In Ontario, Chapman could bring an application for divorce due to Weinstein’s
infidelity.
The
Divorce Act governs the process by which a married couple may legally end their marriage
upon the breakdown of the relationship. Upon the dissolution of the marriage,
either spouse, or both, may bring an application for divorce under section
8(1) of the
Divorce Act.
Section 8(2) of the
Divorce Act lists three grounds for
divorce:
- Living Separate and Apart for One Year;
- Adultery;
- Cruelty.
Adultery is defined as voluntary sexual relations between a married person and
a person other than his/her spouse. According to section 8(2)(b)(i) of the
Divorce Act, only the spouse who has been cheated on, may seek a divorce on the grounds
of adultery. That is, the cheating spouse may not use his/her own infidelity
as a grounds for divorce. If the applicant successfully satisfies the
Court that his/her spouse committed acts of adultery, the Court may immediately
grant a divorce – there is no waiting period.
The party seeking a divorce on the grounds of adultery must prove to the
Court on a balance of probabilities that their adulterous spouse has had:
- The opportunity to engage in adulterous activity; and
- Proof of an inclination to commit adultery.
Notably, it is extremely difficult to prove adultery to the Court as the
evidence is almost always circumstantial.