Adultery remains one of the facts that may be relied upon to establish that a marriage has irretrievably broken down in Singapore.
However, adultery alone is not enough. The spouse relying on adultery must also show that they find it intolerable to continue living with their spouse.
This means there are two important questions: can the adultery be established, and does the spouse relying on it find it intolerable to continue living with the other spouse?.
In practice, adultery can sometimes be difficult to prove. Before deciding to rely on it, it is useful to consider the available evidence and whether another fact establishing the irretrievable breakdown of the marriage may be more appropriate.
Key Points
- Adultery alone is not enough — intolerability must also be established.
- Adultery involves having sexual relations outside the marriage.
- Where adultery is disputed, evidence may be required.
- Living together as a couple for more than six months after becoming aware of the adultery may prevent that adultery from being relied upon.
- An inappropriate relationship that does not establish adultery may still be relevant to another fact supporting the irretrievable breakdown of the marriage, depending on the circumstances.
- Where both spouses agree that the marriage has irretrievably broken down, Divorce by Mutual Agreement may provide another option.
– What Is Adultery?
– How Do You Prove Adultery?
– What Does Intolerability Mean?
– Living Together After Adultery
– What If You Cannot Prove Adultery?
– Adultery & Improper Association
– Other Options for Divorce
– Divorce by Mutual Agreement
– Getting Legal Advice
– Frequently Asked Questions
– What Is Adultery?
– How Do You Prove Adultery?
– What Does Intolerability Mean?
– Living Together After Adultery
– What If You Cannot Prove Adultery?
– Adultery & Improper Association
– Other Options for Divorce
– Divorce by Mutual Agreement
– Getting Legal Advice
– Frequently Asked Questions
What Is Adultery in a Singapore Divorce?
Under Singapore law, adultery is one of the facts that can be relied upon to establish the irretrievable breakdown of a marriage.
The Singapore Courts describe adultery in this context as a spouse having sexual relations with someone outside the marriage and the other spouse finding it intolerable to continue living with them.
The two elements therefore go together and someone relying on adultery would have to show the existence of both elements:
A person considering divorce should not assume that discovering an inappropriate relationship automatically means that adultery can be relied upon for divorce purposes.
How Do You Prove Adultery?
In some cases, adultery may be admitted. In others, it may be disputed and evidence will be required.
Direct evidence of adultery and sexual relations outside of a marriage will rarely be readily available. Singapore Courts have accepted that circumstantial evidence can establish adultery, provided the evidence is properly proved and the circumstances are sufficiently strong for the Court to reach that conclusion.
The Courts have also relied on materials, such as photographs, videos and messages or email exchanges, as examples of evidence that may be relevant when adultery is relied upon.
The evidence required will depend on the circumstances. Suspicion alone should not be treated as conclusive evidence of adultery.
Before making an allegation of adultery in divorce proceedings, it is sensible to consider whether the available evidence is sufficient and whether relying on adultery is the appropriate way to proceed.
What Does “Intolerable to Live With” Mean?
This is where adultery is sometimes misunderstood.
It is not enough simply to establish that the other spouse committed adultery. The person relying on adultery must also find it intolerable to continue living with that spouse.
This should not be confused with unreasonable behaviour, which is a separate fact for establishing the irretrievable breakdown of the marriage.
For unreasonable behaviour, the question is whether one spouse has behaved in such a way that the other cannot reasonably be expected to live with them. The statutory wording for adultery is different: the applicant must find it intolerable to live with the spouse who committed adultery.
Keeping the two concepts separate is important when deciding which fact to rely upon.
What If You Continue Living Together After Discovering the Adultery?
Discovering adultery does not necessarily mean that you must immediately leave the matrimonial home.
The current Court documents state that adultery cannot be relied upon if, after becoming aware of an instance of adultery, the spouses continued living together as a couple for a period or combined periods exceeding six months, after that incident of adultery. However, if the adultery is continuing and/or there are new incidents of adultery, the incidents may accrue and the time limit only starts after the last incident of adultery.
This gives a spouse some opportunity to consider their position or attempt reconciliation without immediately losing the ability to rely on adultery.
Overall, the time and your conduct after you have discovered adultery can become important. If you have continued living together after discovering adultery and are considering relying on it for divorce, legal advice may help clarify your position.
What If You Suspect Adultery but Cannot Prove It?
You may believe that your spouse has been acting suspiciously and suspect that they are engaging in an extramarital affair. However, this does not necessarily mean that their conduct qualifies as adultery and any evidence you may have found might not be sufficient to establish adultery. For example, there may be evidence of an unusually close or inappropriate relationship, that is insufficient to establish sexual relations.
In those circumstances, it is important not to make allegations that cannot be supported or make rash decisions in the heat of the moment. The circumstances may instead need to be considered as part of the broader history of the marriage and whether another fact for establishing irretrievable breakdown may be available.
This is one reason why obtaining advice before filing for a divorce on the basis of adultery can be useful.
Adultery and Improper Association
Adultery should also be distinguished from an improper association.
A spouse may have developed a relationship or act in a manner with another person, that is improper and causes serious problems within the marriage, without there being sufficient evidence to establish adultery.
The significance of that relationship will depend on the particular facts and the evidence available.
Rather than assuming that every extramarital relationship amounts legally to adultery, the circumstances should be assessed carefully.
Is Adultery the Only Option If Your Spouse Has Been Unfaithful?
No. Adultery is only one of the facts that may establish that a marriage has irretrievably broken down.
Singapore’s current divorce framework also recognises unreasonable behaviour, desertion, separation and mutual agreement as facts that may establish irretrievable breakdown, provided the applicable requirements are met.
The fact that adultery may have occurred does not therefore mean that adultery must necessarily be relied upon in the divorce application.
The appropriate approach will depend on the circumstances, the available evidence and whether the spouses can reach agreement about the divorce.
Can Divorce by Mutual Agreement Be an Alternative?
Where both spouses agree that their marriage has irretrievably broken down, Divorce by Mutual Agreement (DMA) provides another way of establishing the breakdown of the marriage.
Rather than requiring one spouse to establish adultery or unreasonable behaviour against the other, DMA is based on the spouses’ agreement that the marriage has irretrievably broken down. A written and mutually signed agreement is required as part of the process.
For some couples, this may be a more constructive and amicable approach to ending the marriage, than disputing allegations about responsibility for the breakdown of the marriage.
However, DMA is only available where both spouses agree that the marriage has irretrievably broken down and where reasonable attempts have been made to reconcile, but have failed. Where agreement cannot be reached and insufficient attempts have been made to reconcile, another fact may need to be relied upon.
Should You Get Legal Advice Before Alleging Adultery?
If you are considering relying on adultery, obtaining legal advice before making allegations or commencing divorce proceedings can be useful.
A divorce lawyer can help you consider:
- whether the circumstances are capable of establishing adultery;
- whether there is sufficient evidence;
- whether the six-month time bar may affect your position;
- whether another fact for establishing irretrievable breakdown may be more appropriate; and
- the wider implications of divorce for children, maintenance and matrimonial assets.
This can help you make an informed decision about how to proceed rather than assuming that adultery is necessarily the most appropriate basis for the divorce.
Frequently Asked Questions
No. The applicant must establish adultery and find it intolerable to continue living with their spouse.
Potentially. However, the allegation will need to be supported by sufficient evidence. Singapore Courts have recognised that adultery may be established through sufficiently strong circumstantial evidence.
Continuing to live together does not necessarily prevent you from relying on adultery. However, if you continued living together as a couple for more than six months after becoming aware of an incident of adultery, that incident of adultery cannot be relied upon.
Not by itself. Adultery in the Singapore context has a high threshold and involves having sexual relations with a third party outside of the marriage. An emotional or inappropriate relationship may nevertheless be relevant when considering the circumstances of the marriage and whether another fact establishing irretrievable breakdown applies.
No. Other facts may be available to establish irretrievable breakdown. Where both spouses agree that the marriage has irretrievably broken down, Divorce by Mutual Agreement may also be considered.
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