According to section 95(3)(a) of the Women’s Charter, a divorce can be granted, based on fact of adultery, for a marriage that is at least 3 years old.
Third-Party Has to Be of The Opposite Gender:
In Singapore, adultery can only be committed between the defendant and a third party of the opposite sex. Thus, if your spouse has engaged in an intimate relationship with another party of the same gender, it is advised that you consider other grounds for divorce.
Instead, same-sex infidelity can be used as a reason for divorce under the provision for ‘unreasonable behaviour’ i.e. where your spouse has behaved in such a way that you can no longer reasonably be expected to live with them.
What Must You Prove to Get a Divorce Based on the Fact of Adultery?
There are 2 elements to be established in court before deciding to divorce on the grounds of adultery:
1) The plaintiff has to prove that the defendant has committed adultery and,
2) Prove that the infidelity has made it intolerable for the plaintiff to live with the defendant.
What Constitutes Adultery?
Conventionally, voluntary extramarital sex constitutes adultery. It is immaterial whether the third-party is married as well.
How do to prove that your spouse has committed adultery?
Singapore Courts require a high standard of proof in order to prove adultery. This means that the cheating spouse would either have to confess to being unfaithful in the relationship; or that there is a sufficient amount of circumstantial or direct evidence that adultery has in fact taken place. However, for most adultery cases, it is highly unlikely.
There are 2 elements to prove adultery may also be adduced as evidence.
1) Inclination: Intimacy, i.e. holding hands, hugging, kissing, etc.
2) Opportunity: i.e. Walking into a hotel together and checking into a room together.
What Evidence Will You Need in Order to Prove Adultery?
A plaintiff who files for divorce must adduce evidence proving that adultery has taken place. To do this, he or she may secure irrefutable proof, such as video evidence of the act.
To secure such photographic/video evidence and catch a cheating spouse in the act, it may be essential for the plaintiff to engage the services of a private investigator.
When Must You File for Divorce Based on the Fact of Adultery by?
Also, pursuant to section 95(5)(b), if the innocent party continues to live together with the adulterer for more than 6 months without commencing divorce proceedings, the adultery can no longer be used as the basis for divorce.
Will Your Spouse be Made to Pay My Legal Fees If They Committed Adultery?
Generally, the adulterer is usually ordered to pay the plaintiff’s legal fees if they lose in the proceedings. They may also be ordered to pay the plaintiff’s costs of hiring the private investigator.
