Divorcing a Cheating Spouse
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.
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.
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.
What must you prove and how do you prove it?
If you are married for more than 3 years, you go on to the next step of proof.
There are several ways to prove adultery:
- A spouse’s confession of adultery,
- Direct evidence of commission of adultery,
- Indirect evidence that shows the inclination and opportunity to commit adultery (such as intimate text messages or emails) or
- 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 cheated. Even though this is determined subjectively, the court will not decide on the divorce if they determined that it is merely a whim of the moment.
What if I cannot prove the adultery?
You can still assert that there was improper association and file for divorce based on your spouse’s unreasonable behaviour.
When must you file a divorce by?
Once a spouse realizes that the other party is cheating, but still continues to live with him/her, the time starts ticking for an application to be filed on the ground of adultery. According to s 95(5)(b) of the Women’s Charter, the adultery must be relied on within 6 months after discovering it. Otherwise, it is deemed that the adultery has been acknowledged and forgiven.
Are there advantages on filing for divorce based on adultery?
Divorce based on adultery does not directly affect the division of assets as the Court will look at parties’ contribution towards the marriage to make a ‘just and equitable’ division.
Hiring the Best Divorce Lawyer in Singapore
It is therefore imperative that you consult an experienced divorce lawyer in Singapore when you want to file for divorce based on adultery. Our divorce lawyers who have a wealth of experience in handling divorce matters will give you the necessary advice and help you to obtain the best possible outcome for your divorce matter.