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Background Info

The definition of adultery is defined in the common law as voluntary sexual intercourse between a spouse and a person of the opposite sex out-with the marriage.  This definition does not apply to spouses involved in same-sex relationships out-with the marriage, therefore, the grounds of adultery cannot be used in such circumstances under The Divorce (Scotland) Act 1976.

As the law currently stands, there is no equality in adultery laws and it infringes on the human rights of a citizen under Article 1 Universal Declaration on Human Rights that states “all human beings are born free and equal in dignity and rights.”  Furthermore, from a religious perspective for individuals that follow the fundamental principle that marriage is based on 'exclusive' sexual fidelity, where unfaithfulness has been cited that has involved same-sex extramarital relationships, this act constitutes adultery, and religion decrees that the grounds of adultery needs to be used to petition for divorce despite gender status.   

In addition, the Scottish Government has passed legislation that recognises same-sex marriages.  People in a same-sex marriage who wish to petition for to divorce where unfaithfulness has occurred will not be able to cite adultery as grounds for divorce.

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