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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9977
Experience:  30 years as a practising solicitor.
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I understand that adultery in Scotland is grounds for an immediate

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I understand that adultery in Scotland is grounds for an immediate divorce - with no need to wait for 1 years separation. I understand as well that 'adultery' can be committed after a married person has separated from their partner. I also understand that 'adultery' is proved by a written affidavit from the 'paramour' OR by the aggrieved spouse providing 'proof' of adultery. My question is, what is proof (accepted by the Scottish courts) and would two names on the electoral register at the same address (one married but separated man, one unmarried woman) count as proof?
Thank you for your question.

Your understanding is correct on all counts.

Proof could be partially established by evidence of them being registered at the same address although this would not be conclusive. If both admitted adultery to an enquiry agent during a visit by the enquiry agent that would suffice and is the usual way of proving adultery to a court.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. Would presenting that evidence as 'proof' lead to the court sending an enquiry agent to visit the premises?

No, the Pursuer's function is to provide the evidence to the court. The Pursuer has to instruct and pay for the enquiry agents and then prepare and lodge Affidavits by the enquiry agents with the court at the same time as minuting for decree.
Customer: replied 3 years ago.

Very helpful, final question, what is an enquiry agent and how would I find one in Edinburgh?

Look on the internet for private investigators. Most work on a network basis so they don't necessarily have to be local to you as they'll have an agent living in your area. I use Fox Investigations which you can look up online.