Connivance involves consenting to wrongdoing, while collusion is a mutual agreement to deceive the court
In divorce proceedings, connivance and collusion are distinct legal concepts that can affect case outcomes. Connivance occurs when one spouse knowingly permits or encourages the other to commit a matrimonial offence, typically adultery, and then attempts to use that behaviour as grounds for divorce.
- Connivance involves:
- One spouse’s consent or encouragement of wrongful conduct
- Later attempting to use that conduct as grounds for divorce
- Collusion involves:
- Both spouses agreeing to fabricate or manipulate evidence
- Working together to mislead the court
- Creating artificial grounds for divorce