Connivance is when someone gives active consent to an unlawful action without objection. It involves conspiratorial aspects and is different from collusion. It must be proven that the person consented to or actively encouraged the illegal activity. It violates the social contract and is punishable by law. It was used in divorce proceedings but is no longer widely used. Other related legal terms include collusion, conspiracy, and condoning.
Connivance is a legal term used to describe a situation where someone has given active consent to an unlawful action. When someone is conniving, he knows that a particular activity is not legal and yet he doesn’t object when someone else does it. This term is usually used in situations where the connivance has a conspiratorial aspect. It’s not quite the same as collusion, a similar charge involving conspiring together to commit wrongdoing.
When someone is accused of connivance, it must be proven that this person consented to an illegal activity or actively encouraged it. For example, in a relationship where partners file taxes separately, one partner might encourage the other to falsify tax information in order to obtain a larger tax refund. This would be connivance. Similarly, if one partner claimed that he was considering falsifying information to increase the size of the refund and the other agreed to do so, it would be considered connivance.
There are a number of situations in which connivance can be involved. Once someone consents to or encourages illegal activity, there is usually a distortion of the truth, because both parties have a reason to hide their involvement. In the eyes of the law, supporting illegal activity is just as punishable as actually engaging in such activity. Ethicists also argue that activities such as connivance violate the idea of a social contract and the argument that people must behave legally for society to function.
This legal concept came up in divorce proceedings. If one partner encouraged the other to commit adultery and then attempted to divorce on the grounds of adultery, the case could be dismissed because the judge would argue that people cannot seek judicial remedies for situations of their own making. However, connivance is no longer widely used as a defense for divorce, making the argument that the marriage is already broken and there would be no reason to force the partners to remain together. Most regions also allow no-fault divorce, in which case you would not need to file a case for divorce.
There are a number of legal terms related to connivance that have slightly different meanings, including collusion, conspiracy, and condoning. These activities may be treated distinctly by law and may be sanctioned in different ways in a court of law.
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