SHARE:



Commencing a divorce in Singapore: How to prove adultery

 .

PKWA DIVORCE LAWYERS

 .

Commencing a divorce in Singapore: How to prove adultery

 .

 By Yeow Ing Yee, PKWA Law

 .

In this article, we will talk about the evidence required to prove adultery in Singapore.

Adultery occurs when a married person engages in sexual intercourse with a person that is not his or her spouse.

To use adultery as a ground for divorce, your spouse’s affair must involve sexual intercourse. Mental, flirting or emotional affairs do not count. Kissing and any other form of physical intimacy that stops short of sexual intercourse also not qualify as adultery.  In those types of behaviour that falls short of sexual intercourse, you can file for divorce based on unreasonable behaviour instead.

If you wish to commence divorce against your spouse on the ground of adultery, section 95(3)(a) of the Women’s Charter states that you must prove the following:

  1. Your spouse has committed adultery; and
  2. You find it intolerable to live with your spouse.

 .

Adultery involves sexual intercourse

Adultery involves your spouse engaging in sexual intercourse with someone else.

 .

Proving adultery

A high threshold of proof is required for the Courts in Singapore to be persuaded that adultery has indeed been committed. The various ways in which adultery can be proven are as follows:

 .

Confession by your spouse

One of the most direct ways to prove adultery is where your spouse provides a confession that he or she has committed adultery.

 .

 Testimony by a witness

Having sworn testimonies of people who have witnessed the commission of adultery would also be strong evidence of the adultery. However, such evidence is not expected to come by often due to the often furtive nature of an adulterous relationship.

 .

Producing a private investigator’s report

A private investigator could be hired to obtain evidence of the adultery.  The evidence provided in the private investigator’s report can be used as indirect evidence of the adultery.

 .

Indirect evidence of the adultery

If direct evidence of the adultery cannot be obtained, indirect evidence such as communication between your spouse and the other party, photographs of your spouse and the other party behaving intimately with one another and hotel bills showing that your spouse and the other party have spent time together in a hotel room may also be used.  The court will weigh all the relevant evidence and determine what inference can be fairly drawn from the evidence provided.

 .

DNA Evidence

Where there is a child that from the adulterous relationship, a DNA test should be carried out to determine if adultery had been committed. Where the husband is alleging that the wife has committed adultery and the child was conceived and born during the marriage, the husband will have to prove that the child is not biologically his. For the wife to prove that the husband has committed adultery, she would have to show that the husband is the biological father of a child who is not of the marriage but was conceived during the marriage.

 .

Time limit to rely on adultery

Lastly, it is important to note the time limit if you wish to rely on adultery as the fact for the breakdown of the marriage. In essence, you must not have continued to live together with your spouse for more than 6 months after finding out that your spouse has committed adultery.  In the event that you continued to live with your spouse for more than 6 months after discovering the adultery, you will no longer be able to use that adultery for divorce.

 .

Contact a divorce lawyer if you need help

Divorce is extremely difficult, and adultery can make it even more painful.  It makes sense for you to talk to an experienced divorce lawyer to understand your options.  At PKWA Law, we offer a free first consult at our office.  For more information, please call us at 6854-5336.

 .

 .

RELATED ARTICLES:

Divorce and adultery under Singapore law – 10 things to know

Divorce Fees

Unreasonable behaviour as a ground for divorce

 .

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only, and to enable you to learn more about our firm, our services and our lawyers.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter.

 .

 .

ABOUT PKWA FAMILY LAW

family lawyers singapore

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family and divorce lawyers by respected legal publications such as Benchmark Litigation Asia Pacific, Asian Legal Business, Singapore Business Review and Doyle’s Guide to Leading Singapore Family & Divorce Lawyers. 

Contact us at tel 6854-5336 for a free first consultation. 

 .

Have a question? We offer a free first consultation at our office. Contact PKWA Law today.
Call Us At +65 6854 5336
(Family Law)
Call Us At +65 6397 6100
(Conveyancing)
Email Us At mail@pkwalaw.com