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Adultery: Divorce Grounds in Singapore and Its Legal Matters

Going through a divorce is incredibly tough, and it becomes even more challenging when adultery is involved. If you have discovered that your partner has been unfaithful, it is normal to feel a mix of betrayal, confusion, and isolation. Whether you choose to rebuild your relationship or seek a divorce, the path forward is deeply personal and fraught with emotion. But what does it actually mean to use adultery to prove irretrievable breakdown of marriage in  Singapore

The legal process surrounding adultery is far from straightforward. There are strict requirements for proving such a claim, and the implications extend beyond just ending the marriage. In this article, we will explore the complexities of citing adultery in a divorce case from the evidence needed to the potential financial consequences helping you understand the road ahead and make informed decisions.

Adultery Proof for a Divorce

Adultery can be a valid reason for divorce in Singapore, but the process is often complex and emotionally draining. To successfully cite adultery, you must provide strong evidence that your partner engaged in sexual intercourse with another person and prove that this affair has made it impossible for you to continue living together. This dual burden of proving both the infidelity and its impact on your marriage is essential. If these strict requirements are not met, you may need to consider other facts, such as unreasonable behaviour. An experienced divorce lawyer can guide you through these options and help you choose the best path forward. Keep in mind that you must have been married for at least three years to file for divorce unless you can demonstrate exceptional hardship or extreme depravity by your spouse.

High Evidence Standards

The courts have strict standards for proving adultery; mere suspicion or circumstantial evidence is not sufficient. The law demands clear and undeniable proof that an affair occurred, often requiring concrete evidence such as video footage of the act or photos of the individuals in intimate situations or private settings. Many people choose to hire a private investigator to gather this evidence, though it can be expensive. Other forms of proof could include a confession from your spouse admitting to the affair or a child being born from the extramarital relationship.

Read more: How to Divorce in Singapore

Divorce Time Limits

One crucial factor to keep in mind is the six-month window to file for divorce after discovering your partner’s infidelity. If you continue living together for more than six months after learning about the affair, the court may no longer accept adultery as a fact to prove irretrievable breakdown of marriage. This rule reflects the law’s view that staying together for an extended period could suggest acceptance or forgiveness, potentially invalidating adultery as a reason for divorce. If you suspect your spouse may be having an affair, consulting a family law specialist can provide the guidance and support you need to make the best decision for your situation.

A broken paper heart

Impact of Adultery on Divorce Outcomes

Many people mistakenly believe that proving adultery will automatically lead to a more favourable outcome in a divorce. However, the reality is much more nuanced. While adultery can be valid divorce grounds, it doesn’t directly impact decisions on ancillary matters like asset division, maintenance, or child custody. In Singapore, the courts take a holistic view, looking at all aspects of your and your partner’s lives and contributions, both financial and non-financial. They also take into account the relationship each parent has with the children, as well as your financial situation and future needs. So, proving adultery is just one part of a much bigger puzzle that the court carefully pieces together before making any decisions.

Legal Costs in Adultery Cases

Legal battles can be expensive, and divorces involving adultery are no different. If adultery is proven, the court might require your partner to cover your legal costs, which could include fees for private investigators and other expenses. However, these financial outcomes aren’t guaranteed and will depend on the specifics of your case. As such, it’s important to weigh the potential costs alongside the emotional and legal challenges of pursuing a divorce on these grounds. Consulting a contested divorce lawyer who specialises in these matters can offer valuable insight into the possible financial implications and help you navigate this complicated process with realistic expectations.

A couple going through separation

Divorce is a deeply personal and often painful journey, especially when adultery is involved. Understanding the complexities we’ve outlined can help you find your way through this challenging time. Every situation is unique, and with the proper knowledge, you can explore your options and make informed decisions that honour your rights and needs.

If you’re facing complex legal challenges, whether it’s a divorce or other family matters, reach out to Family Law Specialists in Singapore. Our experienced team is ready to offer the guidance and support you need to move forward with confidence.

Contact us today to discuss your case and take the first step towards finding a resolution.

Frequently Asked Questions: Adultery in Singapore

Yes, adultery is a recognised ground for divorce in Singapore. To file for divorce on the basis of adultery, the spouse seeking divorce must provide clear evidence of the affair. This can include proof such as eyewitness testimony, private investigator reports, or other relevant documentation. However, proving adultery can be challenging, so consulting with a family lawyer can provide guidance on the best approach.

Evidence of adultery typically needs to be concrete and can include photos, text messages, hotel receipts, or private investigator reports. Direct proof, such as a confession from the spouse or the third party, can also be used. Gathering and presenting evidence can be sensitive, so it’s advisable to work with a divorce lawyer to ensure you meet the legal standards for proof.

Generally, the division of assets in a divorce focuses more on factors like financial contributions and the welfare of any children rather than the reason for the divorce. While adultery may not directly impact asset division, it can affect other aspects, such as spousal maintenance or child custody arrangements, if the court considers it relevant to the welfare of the family.

According to Singapore law, if you choose to file for divorce due to adultery, you must do so within six months of discovering the affair. Waiting beyond this timeframe can indicate forgiveness, which may prevent you from using adultery as the basis for divorce. However, you may still be able to file for divorce on other grounds, such as unreasonable behaviour or separation.

In Singapore, the third party involved in an adultery case typically does not face legal consequences or penalties. However, in some cases, the third party may be called upon as a witness or may have to attend court proceedings if the evidence is contested. Our team at Family Law Specialist can help clarify any legal involvement for all parties and ensure a smoother process.

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