If you find yourself facing the challenging decision of seeking a divorce based on adultery in Singapore, it is essential to understand the legal requirements and process involved.
Adultery is considered a valid basis for divorce in Singapore, provided certain conditions are met. In this comprehensive guide, we will delve into the key aspects of filing for divorce based on adultery while ensuring that you are equipped with the information you need to navigate this sensitive situation successfully.
Requirement 1: Proving Adultery
To file for divorce based on adultery, you must establish that your spouse has voluntarily engaged in sexual intercourse with a third party. There are various ways in which adultery can be proven, which include:
Confession by Your Spouse
: If your spouse admits to committing adultery, this can serve as valid evidence for divorce proceedings. However, it is essential to approach this situation carefully, as admissions can have far-reaching implications.
Catching Your Spouse Red-Handed
: While this method may seem straightforward, it is crucial to obtain concrete evidence to substantiate your claim. Mere suspicions or circumstantial evidence may not be sufficient to convince the court.
Evidence from Private Investigators
: Engaging a reputable private investigator can provide you with tangible evidence of adultery, which can be valuable in court. These professionals can discreetly gather information, ensuring it is admissible during legal proceedings.
Child Born During the Marriage
: If your spouse has a child born during your marriage, and you can prove that the child is not biologically related to you, it can be considered evidence of adultery.
Read more: How do I Prove Adultery for Divorce Purposes?
Requirement 2: Intolerability of Continued Co-habitation
In addition to proving adultery, you must demonstrate that you find it intolerable to continue living with your spouse. This is a subjective requirement that necessitates you to cease any form of marital relationship once adultery is discovered.
Time Limitation: 6 Months from Discovery
It is crucial to act promptly if you wish to file for divorce based on adultery. Singapore law stipulates that you must initiate divorce proceedings within six months from the date of discovering your spouse’s last act of adultery. Failing to do so may weaken your case, and you may have to consider alternative grounds for divorce.
Read more: Living Apart – Ground for Divorce
Legal Process for Divorce Based on Adultery
Engaging a Family Lawyer
: To ensure a smooth and successful divorce process, it is advisable to engage an experienced family lawyer. A skilled lawyer can guide you through the legal complexities, represent your interests, and help you gather the necessary evidence.
Preparing the Divorce Petition
: Your lawyer will assist you in preparing a divorce petition that outlines the basis for divorce, including the details of the adultery committed by your spouse.
Serving the Divorce Papers
: The divorce papers will be served to your spouse, who will have the opportunity to respond within a specified period. Your lawyer will assist in ensuring the court deadlines are adhered to in a timely manner and in the right form.
Mediation and Ancillary Matters
: Should your spouse contests the divorce or there are disputes over ancillary matters such as child custody, division of assets, and spousal maintenance, mediation or court hearings may be required. Your lawyer will skillfully represent you in a way that best protects your legal interests and to obtain you the best possible settlement.
Finalizing the Divorce
: Once all matters are resolved, the court will grant the divorce, and you will be legally separated from your spouse.
Read more: Guide on the Process of Divorce in Singapore
Conclusion
Filing for divorce based on adultery is a significant decision that can impact various aspects of your life. It is crucial to approach this process with clarity and for parties to understand the legal requirements.
Engaging a skilled family lawyer can make the journey more manageable and increase the likelihood of a favorable outcome. Remember to act within the six-month time frame from the date of discovery to ensure your case remains strong.
While the road ahead may be challenging, with the right support and information, you can navigate through this difficult period and find a path to a brighter future.
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When you contact our matrimonial law team, we will provide you with a consultation, tailored to your specific circumstances and goals in mind.
Our goal is to help you find a resolution that works for you.
