Our expert says:
Family law expert
My answer is strictly from a legal perspective. An innocent spouse may bring an action for damages against the third person (the ‘co-defendant’), with whom the adultery was committed; this can be done even if divorce proceedings are not instituted against the other spouse. A third party who was unaware that the other person was married at the time the adultery was committed cannot be sued, as the action is based on a deliberate interference with the consortium (the right of association of a husband and a wife). Damages are awarded on the basis of the insult caused to the innocent party and of the loss of consortium. Compensation can be claimed for financial loss caused by break-up of the marriage, as well as for the loss of the affection. A court will consider the spouse’s financial and social situation, their moral reputation and the state of the relationship before the adultery was committed. When an innocent spouse’s behaviour was partly responsible for driving his or her partner into another person’s arms, the damages awarded can be considerably lower.
If the co-respondent behaves particularly callously towards the innocent partner - for example, if she entices a husband away from his wife and lives openly with him, pretending to be his wife damages will be increased. An action for damages may be brought by the innocent party only within three years of learning about the adultery of his or her partner otherwise the claim would be nullified as a consequence of prescription.
Regarding the phone call, you may have resource in interdicting the person, if you knew her identity as her conduct infringes on your right to privacy also, I does not seem that you were the cause of the breakdown of the marriage and thus any claim against you may be very hard to prove.
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