Adultery is voluntary sexual relations between a married person and someone other than their legal spouse.

Under the Canadian Divorce Act, adultery is considered a legal ground for divorce and occurs when a married individual engages in intimate sexual relations with someone who is not their spouse. The act must be proven with clear evidence if used as grounds for divorce. It’s important to note that:

• Only the innocent spouse can file for divorce on grounds of adultery
• The adultery must have occurred before the divorce petition is filed
• There is no requirement to name the third party involved
• Virtual or emotional relationships without physical intimacy do not legally qualify as adultery