When pursuing a claim against the third party, the points you assert, and how strongly they are argued and proven, are the key benchmarks for determining the amount of consolation money you can claim.

• When the affair began and how often the two met
• The nature and severity of the conduct
• The length of the marriage
• The extent to which the marriage has broken down
• Whether there are children

The amount of consolation money is set after all of these circumstances are considered together.
If you can prove that the affair between your spouse and the third party caused the breakdown of your marriage, the amount awarded will be substantially higher.
Establishing the severity of your emotional distress with a medical certificate strengthens your position further.

If you intend to file a claim against the third party, the course of the trial will depend largely on how much evidence you have to prove the affair.
To litigate from a position of strength, it is important to review the evidence in your possession.
Holding valid, objective evidence, and not merely circumstantial evidence, will allow you to substantiate your claims in court.

• Photographs and video capturing the affair
• Text messages and social media conversations exchanged with the third party
• Recorded phone calls with the third party, with certified transcripts
• Records of visits to hotels or motels with the third party, and CCTV footage from those premises
• Your spouse's credit card statements
• Recovery of deleted data through digital forensics, where applicable
• A medical certificate documenting the emotional harm caused by the affair