Understanding Adultery in Singapore Divorce Law: A Comprehensive Guide

Adultery is a sensitive and complex issue, especially when it comes to legal matters such as divorce. In Singapore, where family values and societal norms play a significant role, understanding what constitutes adultery in divorce law is crucial for anyone navigating the dissolution of a marriage. In this blog post, we’ll delve into the specifics of adultery in Singapore’s divorce law, its implications, and how it can impact the outcome of divorce proceedings.

Adultery in Singapore Divorce Law

Under Singapore’s Women’s Charter, adultery is one of the key grounds for divorce. It is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. The law explicitly states that if a person engages in sexual intercourse with someone other than their spouse, it constitutes adultery, regardless of whether the other person is married or single.

Burden of Proof

Proving adultery in a divorce case can be challenging. The burden of proof lies with the spouse who alleges adultery, and they must provide sufficient evidence to support their claim. While direct evidence such as photographs or eyewitness testimony can be compelling, circumstantial evidence such as hotel receipts, text messages, or emails may also be considered.

Legal Implications

If adultery is proven in a divorce case, it can have significant legal implications, particularly concerning the division of assets and custody arrangements for any children involved. In Singapore, adultery is considered a fault-based ground for divorce, which means that the innocent spouse may be entitled to a more favorable outcome in terms of asset division and custody arrangements for any children involved.

Counseling and Mediation

Before proceeding with divorce proceedings based on adultery, couples in Singapore are encouraged to explore alternatives such as counseling and mediation. The Family Justice Courts offer various programs and services aimed at helping couples resolve their marital disputes amicably, including counseling sessions and mediation sessions conducted by trained professionals.

Protection for Victims

Singapore’s legal system also provides protection for victims of adultery. The Women’s Charter allows spouses who have been victims of adultery to seek recourse through the courts, including obtaining a divorce and claiming damages for the injury caused by the adultery. Additionally, spouses who have committed adultery may be held liable for the payment of compensation to the innocent spouse.

Conclusion

In Singapore, adultery is a serious matter with significant implications for divorce proceedings. Understanding what constitutes adultery in Singapore’s divorce law, the burden of proof involved, and the legal implications is essential for anyone navigating the complexities of divorce. While adultery can be a challenging issue to confront, seeking legal advice and exploring alternatives such as counseling and mediation can help couples resolve their differences in a constructive manner. Ultimately, the goal should be to achieve a fair and equitable resolution that minimizes the emotional and financial impact on all parties involved.

Our lawyers have plenty of experience with divorce cases that involve adultery. Contact our lawyers at 8780-2499.