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Tort of "Criminal Conversation"

Can I sue my ex-wife’s current partner for loss, under Common Law? Tony, Limerick.

Hi Tony.  This has already been tested in the courts in the case of Braun v. Roche, in 1972.  It is the civil wrong (Tort) of “criminal conversation” which has nothing to do with crime but it is the old Victorian name given to this particular civil wrong.

 

The law was abolished after the Roche case and I am sorry to say that you have no redress under this particular civil procedure. 

 

That said, however, if you are contemplating divorce, your wife has committed adultery and deserted you and as regards a financial settlement that the courts may impose, you will likely be well favoured if you are faultless in all of this.

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