Communication between husband and wife, can that be used in court?
Communication between a husband and wife is generally considered privileged and confidential. However, in certain situations, such communication may be admissible as evidence in court. In this blog post, we will discuss the circumstances under which communication between husband and wife can be used in court and the implications of such use.
The general rule is that communication between husband and wife is privileged, meaning that it is protected from disclosure in court. The rationale for this privilege is that marriage is a unique relationship that depends on trust and confidence between the partners. The privilege exists to encourage open and honest communication between spouses, which is essential for a strong and healthy relationship.
However, there are several exceptions to this rule. The most common exceptions are:
When both parties waive the privilege
If both the husband and wife agree to waive the privilege, the communication can be admitted as evidence in court.
When communication is made in furtherance of a crime or fraud
If one spouse makes a statement to the other in furtherance of a crime or fraud, the communication loses its privileged status and can be used as evidence in court.
When communication is relevant to a child custody dispute
Communication between a husband and wife may be used in court in a child custody dispute if it is relevant to the best interests of the child.
When communication is relevant to a civil or criminal case involving one spouse
Communication between a husband and wife may be used in court if it is relevant to a civil or criminal case in which one spouse is a party.
When communication is not confidential
If the communication was not made in confidence, it may not be privileged. For example, if the communication was made in the presence of a third party, it may not be privileged.