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Continuing Adultery Recognized Despite a "One-Off Lapse" Def…

2026-05-12

1. Facts and Background

Client A (the plaintiff) became aware of an inappropriate relationship between A's spouse and a third party, B, and retained LKP to seek consolation money. In the proceedings, B argued that the contact had been "merely a one or two-time lapse" and not a continuing relationship. The principal task was therefore to show, by objective evidence, that what had occurred was not an isolated incident but a continuing and repeated relationship.

2. Key Legal Issues

In assessing damages for this type of misconduct, the continuity and repetitiveness of the relationship are generally relevant. The main issues were: (i) how to organize, in chronological order, the frequency, duration, and timing of the meetings to show continuity; (ii) how to combine indicators of overnight stays and travel (vehicle routes, entry/exit times) with a contextual reading of lawfully obtained messenger materials (forms of address, emotional language, and shared schedules); and (iii) how to compile and organize precedents distinguishing continuing relationships from isolated lapses, so as to persuade the court that this matter was different from a typical "one-off" deviation.

3. Implementation and Outcome

LKP (i) organized, in chronological order, the frequency, dates, and locations of the meetings on the basis of materials provided by Client A; (ii) analyzed indicators of overnight stays and travel through objectively verifiable materials such as vehicle routes and entry/exit times; and (iii) used the contextual elements of the messenger exchanges — forms of address, emotional expressions, shared schedules — to demonstrate an emotional and relational continuity inconsistent with a one-off encounter. Precedents distinguishing continuing relationships from isolated lapses were also compiled and submitted as comparative materials, and at the hearing LKP showed that the assembled materials converged into a single, coherent set of facts. The court declined to accept B's "one or two times" defense, recognized that the relationship had been continuing and repeated, and rendered a judgment in favor of Client A. The case is of practical significance in showing how chronological aggregation of circumstantial evidence and contextual analysis of messenger exchanges can support proof of the continuity of an extramarital relationship.

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