In Singapore, adultery is a legally recognised ground for divorce. However, proving it can be challenging, and it may affect aspects such as asset division, spousal maintenance, and child custody.
If you are considering divorce due to infidelity, it’s crucial to understand what is considered adultery is defined under Singaporean law, what evidence is required, and the legal implications.
This article explores seven key facts about divorce based on adultery in Singapore, including legal definitions, the burden of proof, and the time limit for filing a claim.
1. Sexual Intercourse Outside Of Marriage
Adultery, based on the Women’s Charter in Singapore, refers to a specific ground for divorce in the context of family law. It is defined as voluntary sexual intercourse between a married person and someone who is not their spouse while the marriage is still subsisting.
In simpler terms, what is considered adultery occurs when a married individual engages in sexual relations with another person who is not their legal spouse during the marriage. Under Singaporean law, adultery is one of the five facts that can be used as grounds for divorce.
If you cannot prove adultery, the alternative grounds can be unreasonable behaviour, desertion, separation with consent, and separation without consent.
2. Strict Burden Of Proof
To establish adultery in court, the burden of proof lies with the spouse making the claim. This means that the petitioner must provide clear and compelling evidence that sexual intercourse took place.
Acceptable Forms of Evidence:
- Private Investigator Reports: Licensed private investigators can conduct surveillance and gather legally admissible evidence.
- Text Messages & Emails: Digital communication between the cheating spouse and their partner may indicate an affair.
- Witness Testimonies: Individuals who have witnessed the couple in compromising situations may provide statements.
- Confessions: If a spouse admits to adultery verbally or in writing, this can serve as evidence.
Common Mistakes When Gathering Evidence:
- Illegally obtained materials, such as unauthorised recordings or hacking into devices, will not be accepted in court.
- Weak circumstantial evidence (e.g., just hotel check-ins) may not be enough to prove adultery definitively.
3. Filing A Writ Of Divorce
A Writ of Divorce is the official document used to start divorce proceedings in Singapore. When filing for divorce on adultery grounds, the petitioner must provide details such as:
- The time frame during which the affair occurred.
- Locations where the alleged adultery took place.
- If known, the identity of the third party involved.
Important Consideration: Naming the third party in the divorce filing may have legal and reputational consequences, and it is often advisable to consult a lawyer before doing so.
4. Adultery Is Not A Crime In Singapore
Adultery itself is not a criminal offence in Singapore. The penalty for committing adultery in Singapore is not a criminal one. Still, it falls under the purview of family law and can impact divorce proceedings.
For example, suppose a parent’s extramarital affair negatively affects their ability to provide a stable and supportive environment for the child. In that case, the Court may grant custody to the other parent or impose restrictions on visitation.
The Court may also consider ordering the cheating spouse to contribute to the legal fees of the innocent spouse in certain circumstances. Still, it is not a guarantee and such orders are made at the Court’s discretion. The Court’s decision will be based on the case’s specific circumstances and the parties’ financial positions.
It’s important to note that the specific outcomes and penalties related to adultery in divorce cases can vary depending on the circumstances of each case and the decisions made by the Court.
5. When Should Divorce Based On Adultery Be Filed in Singapore
According to Section 95(5)(b) of the Women’s Charter, a divorce based on adultery must be filed within six months of discovering the affair. If a spouse continues to live with the adulterous partner beyond six months without filing for divorce, the court may reject the claim, as it may be seen as implicit forgiveness.
6. Counselling And Mediation Requirements
Singapore’s divorce process emphasises reconciliation and conflict resolution. Before a case proceeds to court, couples may be required to attend counseling or mediation sessions.
Even if adultery is the reason for divorce, the court encourages couples to explore alternatives and resolve disputes amicably. These sessions focus on minimising conflict, mainly when children are involved.
7. Contested Vs. Uncontested Divorce
The divorce process can vary depending on how the unfaithful spouse responds to the allegations:
Uncontested Divorce:
- If the accused spouse admits to adultery and agrees to divorce, the process is typically faster and less expensive.
Contested Divorce:
- If the spouse denies the adultery claim, the case may become a contested divorce, requiring court hearings and additional legal proceedings.
A contested divorce can also involve disputes over child custody, property division, and spousal maintenance, making the process more time-consuming and costly.
8. Adultery can impact custody decisions in divorce proceedings
While adultery itself may not automatically determine child custody outcomes, courts often consider the circumstances surrounding the affair when making custody decisions.
If it is demonstrated that the adulterous relationship has negatively affected the child’s emotional well-being, safety, or stability—such as exposure to inappropriate behaviours or neglect—the court may limit or supervise visitation rights or alter custody arrangements accordingly.
It’s essential for parents involved in custody disputes to understand how their personal choices might influence court evaluations and decisions.
9. Digital evidence is increasingly used to prove adultery
With technological advancements, digital evidence has become a significant tool in adultery cases. Courts frequently accept digital communications such as text messages, social media interactions, emails, photos, and GPS tracking data as credible proof of extramarital affairs.
Parties considering legal action due to adultery should be mindful of the legal acceptability and impact of digital evidence. Consulting with legal professionals about properly collecting, preserving, and presenting this type of evidence can greatly enhance its admissibility and effectiveness in court proceedings.
What Is Considered Cheating On Your Spouse?
While Singapore’s legal system only recognises physical adultery, emotional affairs can still damage a marriage.
In some cases, a spouse’s inappropriate emotional involvement with someone else may be used as proof of “unreasonable behaviour” instead of adultery.
Rebuilding Life After An Adultery-Based Divorce
Divorcing due to infidelity can be emotionally and financially challenging. Consider:
- Counseling and Support Groups: Emotional support is essential for healing.
- Financial Planning: Seek legal advice on asset division and financial stability.
- Co-Parenting Strategies: If children are involved, prioritise their well-being.
Preventative Measures To Strengthen A Marriage
If you’re concerned about infidelity but not yet considering divorce, relationship experts recommend:
- Open communication about needs and expectations.
- Regular check-ins to maintain emotional and physical intimacy.
- Financial transparency, as financial disputes, are a leading cause of infidelity.
Conclusion: Understanding Adultery in Divorce
Adultery-based divorce cases in Singapore are complex and require strong evidence to support claims. While adultery is not a crime, it can significantly impact child custody, financial settlements, and emotional well-being.
If you suspect adultery in your marriage and need assistance in gathering legally admissible evidence, consulting a qualified private investigator or family lawyer is advisable.
Contact us today for top private detective services for your peace of mind.
Frequently Asked About Divorce Based On Adultery
Can I File For Divorce Based On Adultery If My Spouse Had A One-Time Affair, Or Does It Need To Be A Repeated Pattern Of Behaviour?
The Women’s Charter does not specify a particular number of instances of adultery. As long as you can provide evidence of voluntary sexual intercourse outside of marriage, a single occurrence may be sufficient grounds for divorce.
Are There Alternatives To Divorce For Couples Facing Adultery-Related Issues In Their Marriage?
Yes, couples may explore alternatives such as separation, counselling, or legal separation agreements. These options provide space for reflection and potential reconciliation efforts.
What Should I Do If I Suspect My Spouse Of Adultery?
If you suspect adultery, it’s advisable to consult with a lawyer or a private investigator who can provide guidance on gathering evidence and navigating the legal process if you decide to pursue a divorce based on adultery.
Can adultery affect the division of marital assets?
Typically, adultery does not directly influence the division of marital assets unless marital funds were used to support the affair, which could lead to reimbursement claims.
Is emotional infidelity considered adultery in legal terms?
Generally, emotional infidelity alone does not qualify as legal adultery unless accompanied by physical intimacy or explicit evidence of extramarital sexual activity.
Can forgiveness of adultery affect legal proceedings?
Yes, forgiveness or reconciliation after discovering adultery can sometimes limit a spouse’s ability to use adultery as grounds for divorce or related claims.
How To Choose A Private Investigator In Singapore?
Start by verifying their licensing and credentials. Ensure they are registered and licensed with the appropriate authorities in Singapore. Additionally, consider their experience, specialisation, and track record by requesting references and reading reviews from previous clients.
A thorough discussion about your case, including their approach and expected outcomes, can also help you assess their suitability for your specific needs. Finally, inquire about their fee structure and any associated costs to make an informed decision.
