Sam and Josefina Nakale have been married for a period of 6 years and have 2 children together. During the period of their marriage, Sam meets Tory, a 26-year-old human resources manager who works at First National Bank (FNB). Sam and Tory develop a friendship which later turns into an affair. Tory is aware that Sam has been married to Josefina, however, that does not stop her from continuing their affair. During the course of their relationship Sam begins to pay Tory's bills which includes her medical and rent accounts.

1(one) year into their affair, Tory buys a house and soon after Sam starts spending more time at Tory's residence eventually moving in with her. Josefina finds out about her husband's affair and requests for Sam to terminate it for the sake of their marriage and their children. They start marriage counselling but due to his feelings for Tory, resumes their affair. Josefina feels that there is no way in which she can continue being married to her husband.

She approaches you, an expert in family law at the firm Hikali Legal Partners and wants to be advised on how she can commence divorce proceedings against Sam. Using case law and statutory regulations advice Josefina Nakale on the prospects of her divorce.