Divorce is a difficult journey, more so when it stems from adultery. In Singapore, the process of legally proving adultery for divorce has its complexities and specific requirements.
This guide seeks to shed light on these challenges. By addressing the pressing questions many face, we aim to simplify the understanding of how to “Prove Adultery for Divorce Purposes in Singapore” and navigate the legal landscape more confidently.
Understanding the procedures for adultery divorce FAQ`s
What happens when my spouse cheats on me?
When your spouse has sexual intercourse with someone of the opposite sex, and you find it intolerable to live with him/her anymore, you may rely on the fact of his or her adultery to file for a divorce.
Read more: Adultery Or Improper Association?
If your spouse commits adultery, will you be given custody of your children?
In Singapore, the issue of adultery does not automatically determine child custody outcomes. The primary consideration for the court when deciding on child custody matters is the welfare of the child.
Child’s Welfare is Paramount
: The overriding principle in Singapore’s family law regarding child custody is the “welfare principle.” This means that all decisions made by the court concerning the child will prioritize the child’s welfare and best interests.
Adultery and Child’s Welfare
: While adultery can be a fact for divorce, it does not automatically lead to a favourable custody decision for the non-adulterous spouse.
The court will consider factors such as each parent’s ability to care for the child, the existing caregiving arrangements, and the child’s own wishes (especially if the child is old enough to express an informed opinion).
Conduct of Parties
: While the court’s primary consideration is the welfare of the child, it can consider the conduct of both parties if it’s relevant to their parental responsibility.
This means that if the adulterous behavior of a spouse puts the child’s well-being at risk (e.g., if the adulterous relationship was with someone harmful or if it led to neglect of the child), it could potentially influence the court’s decision on custody.
However, mere adultery, without other detrimental impacts on the child, is unlikely to be a significant factor in custody decisions.
Read more: Misconceptions Concerning Child Custody in Singapore
Are you married for more than 3 years?
This requirement is put in place to ensure that newly married couples have invested enough effort into their relationship, by disallowing couples to file a writ for divorce within the first 3 years of marriage. Only exceptional cases are allowed to skip this 3 years time requirement.
Read more: Exploring the Options for Marriages Under 3 Years
What if I married overseas?
You can still commence proceedings based on adultery if your or your spouse is a Singapore citizen or has been living in Singapore for the past 3 years.
Read more: Divorcing A Foreign Spouse
How do I prove that my Spouse has committed Adultery?
There is only one sole ground for divorce which is the irretrievable breakdown of a marriage proven by one of five facts of divorce, one of which is where a spouse has committed adultery and the other spouse finds it intolerable to live with him or her.
There are several ways to prove adultery:
- Direct evidence that spouse has had consensual sexual intercourse with another third party;
- The spouse written confession that adultery was committed;
- Witness statements from someone who has witnessed the sexual act between the spouse and a third party;
- Indirect evidence such as intimate text messages and/or emails which shows the spouse’s inclination and opportunity to commit adultery
- The birth of a child not of the other spouse.
Besides providing evidence for the adultery, you will also need to prove that you find it intolerable to continue living with your spouse who has committed adultery. This is a subjective test and it is immaterial whether a reasonable person would also find it intolerable.
Do also note that you would not be able to rely on the fact of adultery if there was continued cohabitation for more than six-months from the discovery of the adultery.
Additionally, do note that the third party would need to be named as a co-defendant in the divorce proceedings.
If you’re thinking of gathering evidence to strengthen your case you may consider hiring a private investigator. However, be mindful that their services can be costly.
There have been instances where the fees associated with private investigators have far exceeded the legal costs of the divorce proceedings themselves.
As such, it’s vital to consider the financial implications and the potential benefits of such a decision.
Read more: Adultery – FAQ`s by Gloria James-Civetta & Co
What if I cannot prove adultery?
If you are unable to prove that your spouse has committed adultery but still believe that your spouse had associated himself or herself improperly with a third party, you may still file for divorce under the fact of “Unreasonable Behaviour – Improper Association”.
A spouse’s “Improper association” with a third party can form the basis of a spouse’s “Unreasonable Behaviour”.
Improper association is a close and/or secretive relationship between your spouse and a third party, which may suggest that they could be having an affair (even if there is no direct evidence of intercourse).
Examples include video or photographs of your spouse behaving physically or intimately with a third party, flirty text messages or emails that are sexually suggestive or express romantic feelings or eyewitness accounts of your spouse and a third party behaving intimately.
Similarly, you will need to prove that your spouse’s unreasonable behaviour has made it intolerable for you to continue living with him or her.
Read more: Unreasonable Behaviour – Fault Basis Divorce and What it means
What is the deadline for filing for divorce on the fact of adultery?
If you’re filing for divorce based on adultery, you must file within 6 months of discovering the adultery.
You will not be able to get a divorce if you continue to live together with the defendant for more than six months upon finding out about the adulterous relationship.
Read more: Being the First to File for Divorce
How Gloria James-Civetta & Co can help you
You can count on our divorce lawyers for invaluable assistance and insight into the legal nuances involved in divorce based on adultery.
We can guide you on what kind of proof is admissible in court and how to legally procure it.
Regardless of the emotional turmoil, our lawyers are dedicated to serving your best interests, providing you with reliable, objective advice, and safeguarding your rights and privacy throughout the entire process.
Read more: Quick Facts on Divorce Based on Adultery in Singapore
At the consultation stage, our Divorce Lawyers will:
- Assess if you can file for divorce in Singapore.
- Help you understand each step of the divorce process.
- Address questions & concerns related to divorce process.
- Help you explore your divorce options.
