Adultery as Divorce Grounds in Singapore: Legal Implications Explained

Divorce is never simple, but knowing the legality of it is overwhelming. When it comes to grounds for divorce in Singapore, particularly adultery, the importance of knowing the grounds on hand between a couple cannot be emphasized enough. This blog looks forward to simplifying divorce grounds Singapore and clearly describing the same case in point of adultery and its consequences at law. How does the law address adultery? What do couples need to know before choosing to get divorced?

Understanding Divorce Grounds

The court in Singapore grants a divorce only when it determines that the marriage has broken down beyond retrieval. To establish this, there are five legal grounds:

• Adultery
• Unreasonable behaviour
• Desertion for two years or more
• Separation for two years by consent
• Separation for four years without consent

The most emotionally charged ground is adultery among those. Although hard to prove, if proven, then it undoubtedly serves as a very valid ground for divorce.

Key Takeaways

1. Irretrievable Breakdown: This must be shown in such a manner that it becomes evident that the marriage cannot be continued.
2. How to Prove Adultery: Pictures, messages, or testimony of eyewitnesses, to name a few.
3. Timeline: The petitioner files within six months of discovering adultery.

Legal Definition of Adultery in Singapore

In the Singapore legal setting, adultery refers to a situation wherein a spouse has engaged in voluntary sexual intercourse with another person other than his or her spouse. The sexual act must be between a married person and someone of the opposite sex. Emotional affairs and other forms of infidelity, though painful, do not fall into the category of adultery for divorce.

Legal Consequences of Grounding for Divorce Based on Adultery

When you choose adultery as the reason for divorce, legal implications arise. Understanding these implications helps you determine whether this ground is right for your case. Let’s break them down for you:

1. Adultery Proofing: It is sometimes hard to prove adultery. The evidence should confirm that the spouse involved had sexual intercourse with another person. Photos, texts, and even witnesses might be required.
2. Filing Deadline: If you continue to cohabitate with your spouse for more than six months from the date when you discovered that your spouse committed adultery, you might forfeit your right to use this ground for divorce.
3. Co-Respondent in Court: Of course, the third party needn’t appear in court. He or she can be served with a summons in court as a co-respondent. This can further complicate the case.
4. Ancillary Matters Impact: Adultery is not per se prejudicial in deciding issues of child custody, alimony, or property division. Decisions on these are based on the welfare of the child and equity.

Challenge of Proof

Proof of adultery may often be impossible to obtain and requires some tangible evidence. Under normal circumstances, the court likes direct evidence such as photographs or witness testimony. However, in most cases, such evidence may not be available. In the event of no evidence, there is a very great possibility that the grounds of adultery to tatter a marriage may be rejected by the court.

1. Importance of Evidence: The Courts of Singapore usually look for compelling evidence. If one cannot demonstrate that adultery occurred, the judge would likely decline the case.
2. Private Investigators: Many people engage the services of private investigators in their quest for proof of evidence. They can be in the form of photographs, videos, or even recorded on the phone.

Adultery and Its Effect on Divorce

Adultery is a legal reason for divorce regardless of its effect on divorce settlements. Indeed, adultery does not affect the outcome of divorce settlements in the main areas of settlement. Still, it can impact the emotional and psychological aspects of the case. Let’s look at how it impacts the key areas of a settlement:

1. Child Custody: Normally not an issue in courts as they are deemed to serve the best interest of the child.
2. Maintenance (Alimony): Adultery is not accounted for.
3. Division of Assets: Assets and property are divided 50/50 based on contribution to the marriage.

Alternatives to Adultery Divorce Grounds

Alternatively, if the task of proving adultery is too cumbersome, you may prefer any other divorce ground available in Singapore. Many people opt for these alternatives because they do not necessarily require proof of infidelity.

1. Unreasonable Behaviour: This ground encompasses many kinds of misconduct, including verbal and emotional abuse or neglect. You do not need to prove adultery to file for divorce under this ground.
2. Separation: Separation for a duration of more than two years with mutual agreement could be considered as a reason for divorce. In this case, if both spouses are of one view that the marriage has irremediably failed, then it would be a lesser process.

Steps to Be Considered Based on Suspicions of Adultery

If you feel your spouse is committing adultery, you must do a few things before moving to file for divorce. This will be very helpful in safeguarding your legal rights and ensuring you have every shred of evidence you need for your case.

1. Gather Evidence: This step requires the gathering of any evidence for adultery such as messages, emails, or photos. Be sure that you retrieve the information legally.
2. Talk to a Lawyer: A family lawyer will be able to explain your rights and further guide you regarding the divorce process. Your lawyer will also be able to suggest how strong your case is.
3. Consider Counseling: In some cases, counselling or mediation may be helpful, especially if there are children involved. Even if the result is likely to be divorce, having open communication can make the process considerably smoother.
4. Act Promptly: You would have to seek divorce within six months of the knowledge of adultery. If you delay too long, you may lose this ground for divorce.

Do You Want Adultery to Be Ground for Divorce?

These grounds will often appear like a convoluted choice to make when you are thinking about filing for divorce, and your emotional and legal considerations weigh heavily. Adultery might appear as a form of justice, but it has no influence on the way the court splits the assets, nor can it influence child custody. It does, however, help establish an irretrievable breakdown of your marriage.

Some Questions to Ask Yourself:

• Is there sufficient proof?: Without watertight evidence, your divorce case may not have a good chance in court.
• How will this affect the children?: Specifically, if you have kids, think about how an adultery-based divorce would affect them.
• Are other grounds more suitable?: Proving adultery might be too difficult. In certain cases, unreasonable behaviour or separation may be easier grounds to use.

Final Thoughts on Divorce Grounds

Adultery is one of the recognized divorce grounds in Singapore, but it comes with its challenges. Proving infidelity can be complex and emotionally draining. Moreover, the outcome of your divorce case may not change drastically, as the court’s focus will remain on fairness, especially concerning children and financial matters. Understanding the divorce grounds in Singapore legal implications will help you make informed choices during this difficult time.

Conclusion

Adultery can serve as valid divorce grounds in Singapore, but proving it is not always easy. Even if you successfully prove adultery, it won’t necessarily affect the outcome of issues like child custody or asset division. Make sure to gather sufficient evidence and consider alternative grounds if needed. Consult with a lawyer to explore the best options for your situation, and always prioritize what’s best for the family during this challenging time.