Adultery Law in Singapore

Here at High Street Chambers, we are dedicated to providing clarity and understanding in legal matters. The complexities of marital laws can be rather daunting, particularly for those who are going through a difficult period in their marriage.

Addressing Adultery in Singapore Law

Adultery, a common basis for divorce, is a complex matter we will explain clearly. Our goal is to offer clarity on this sensitive issue, granting our clients the knowledge to make informed decisions regarding their particular situation.

Understanding Adultery in Singapore Law

Defined as voluntary sexual intercourse between a married person and someone other than their spouse, adultery plays a crucial role in divorce proceedings. Delving deeper into this matter:

Legal Ground for Divorce: Adultery is a valid reason for the irretrievable breakdown of a marriage, as recognised under the Women's Charter.

Impact on Marriage: For a divorce based on adultery to be granted, the act must have caused the irretrievable breakdown of the marriage.

Who Can File for Divorce Based on Adultery

Specific criteria must be met:

Citizenship or Residency

Must be a Singapore citizen, domiciled, or a long-term resident.

Time Limit for Filing a Claim

In cases of adultery, the law stipulates a six-month period for filing a divorce claim. This period starts from the moment the adultery is discovered. If the offended spouse stays with their partner for over six months after learning about the affair, it may be interpreted as forgiveness, making it challenging to argue that the adultery made the marriage intolerable.

Proving Adultery in Court

Proving adultery in court goes beyond mere claims. The courts require substantial evidence. Here's what you need to know:

The Standard of Proof:

To successfully claim adultery in Singapore law, convincing evidence, such as photographs, videos, or tangible proof confirming the act, is necessary.

Types of Evidence:

Direct Evidence: Photographs or videos showcasing the adulterous act.

Circumstantial Evidence: In cases where obtaining direct evidence is challenging, circumstantial evidence, like emails, text messages, or hotel receipts, becomes crucial. Though indirect, such evidence plays a vital role in painting a clearer picture of the situation.

Role of Private Investigators:

Hiring a private investigator may be necessary to gather the required evidence and help meet the court's requirements.

Alternatives When Adultery Can't Be Proven

Exploring Other Grounds for Divorce:

Not all cases involve clear evidence of adultery. When proving adultery in court becomes challenging, another option is filing for divorce on the grounds of 'unreasonable behaviour'. This path often proves less complex and more accessible for those seeking separation.

What Qualifies as Unreasonable Behaviour?

Unreasonable behaviour includes actions that make living together increasingly difficult, such as constant neglect, lack of emotional support, verbal or physical abuse, addictive behaviours negatively affecting the family, or persistent refusal to contribute to shared responsibilities. As the plaintiff, you need to show that these behaviours have pushed the marriage beyond the point of repair.

Ancillary Issues in Adultery-Based Divorce

A divorce involves more than just the dissolution of a marriage. Ancillary matters include the division of shared assets, child custody, and maintenance arrangements. It's crucial to note that when it comes to adultery in Singapore law, the act of adultery itself doesn't directly influence these aspects.

Division of Assets:

The court looks at a fair distribution of shared assets, considering each partner's financial contribution, the needs of the children, and each partner's future financial prospects. This approach ensures a balanced and fair division, not swayed by the reasons for the divorce.

Child Custody and Welfare:

In deciding custody, the child's best interests take priority. Factors include the child's needs, each parent's ability to provide care, and the current connection between each parent and the kids. Adultery doesn't automatically shift custody decisions unless it directly impacts the child's well-being.

Maintenance Considerations:

Regarding maintenance, the court looks at what is fair and reasonable, considering the needs of the receiving spouse and the paying spouse's ability to provide support.

Gender-Specific Nature of Adultery

Adultery in Singapore law is specifically defined as a heterosexual affair. This means an intimate relationship with a person of the same gender does not legally constitute adultery. This distinction is based on the current legal framework. For same-gender relationships, other grounds for divorce might be more appropriate.

Our Affordable and Transparent Pricing

At High Street Chambers, we are committed to offering accurate, concise, empathetic, and understanding guidance. Every step of your legal journey matters to us. We're here to guide you through these challenging times with a combination of our knowledge and genuine care.

Initial consultation: up to 20 minutes free; thereafter $650 for half an hour;

Commencement of proceedings in court: from $5,500

If you require more in-depth information or personalised legal advice, our team of legal advisors is just a call or email away. Your peace of mind and legal clarity are our top priorities.

• Phone: +65 9740 7122

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