Is Adultery A Crime In Singapore? 8 Things You Should Know

Is Adultery A Crime In Singapore? 8  Things You Should Know

1. What Is Infidelity

Infidelity is engaging in a romantic or sexual relationship with someone other than one’s partner or spouse without their knowledge or consent. It can include physical intimacy, emotional involvement with someone else, or a combination of both.

It is important to discuss infidelity because it can have severe consequences for the individuals involved and their families and relationships. 

Infidelity can lead to emotional pain, loss of trust, and even broken marriages and families. It can also have legal and financial implications, such as in cases of divorce and custody battles.

Moreover, infidelity is a common issue affecting many people, and it can be helpful to understand the causes and consequences of infidelity to prevent or address it. Discussions about infidelity can also help to remove the stigma and shame associated with it and encourage open and honest communication in relationships.

2. Infidelity Vs Adultery

Infidelity and adultery are often used interchangeably but have slightly different meanings.

Infidelity generally refers to any betrayal of trust in a romantic relationship, including emotional affairs, sexting, or physical intimacy with someone outside the relationship. Infidelity can be a one-time occurrence or a repeated pattern of behaviour.

Adultery, however, is a legal term that refers explicitly to an extramarital affair where sexual intercourse with someone other than one’s spouse while still married has occurred. Adultery is considered a criminal offence in some countries, where it is punishable by imprisonment and/or fines.

However, in Singapore, adultery is not considered a criminal offence. This means that police cannot arrest or charge anyone with adultery, but it is often used as a ground for divorce.

The Rate Of Infidelity In Singapore

3. The Rate Of Infidelity In Singapore

While statistics on infidelity in Singapore are not widely available, some studies and surveys have been conducted.

One study by Ashley Madison, a dating website for married individuals seeking affairs, found that Singapore had the highest percentage of married individuals using the site compared to other countries in Asia. The study also found that the number of women using the site in Singapore was increasing.

Another study conducted by the National University of Singapore in 2016 found that among married couples, around 13% reported having extra-marital affairs. The study also found infidelity was more common among younger individuals and those dissatisfied with their marriages.

According to the Singapore Department of Statistics, the number of matrimonial proceedings filed in the Family Justice Courts of Singapore has been increasing. In 2019, there were 4,123 cases filed for divorce, annulment or judicial separation, with the majority of lawsuits filed by women. It is worth noting that not all matrimonial proceedings necessarily involve adultery as a ground for divorce, and adultery cases may not necessarily result in divorce.

Overall, while the exact prevalence of infidelity Singapore has been experiencing is difficult to determine, these studies suggest that it is not uncommon and may be influenced by factors such as age, marital satisfaction, and gender.

Impact Of Infidelity On Marriages And Families

4. Impact Of Infidelity On Marriages And Families

Infidelity can have a significant impact on marriages and families. Emotional pain and betrayal can lead to anger, sadness, and loss of trust, which can be difficult to overcome. Here are some ways in which infidelity can impact marriages and families:

  1. Breakdown of trust: Infidelity can shatter the trust that spouses have in each other. It can create feelings of betrayal and disbelief, making it difficult for the relationship to continue.
  2. Emotional distress: Infidelity can cause emotional distress for both partners. It can lead to depression, anxiety, and feelings of low self-esteem.
  3. Loss of intimacy: Infidelity can also lead to a loss of intimacy in the relationship. The betrayed partner may no longer feel comfortable being intimate with their spouse, which can lead to further problems in the relationship.
  4. Family disruption: Infidelity can also disrupt the entire family. Children may be affected by the breakdown of their parent’s marriage and struggle with guilt, anger, and confusion.
  5. Financial impact: Infidelity can also financially impact the family, especially if the couple decides to divorce. The cost of legal fees and dividing assets can be significant.

Infidelity can have a long-lasting impact on marriages and families. It is important to seek support and counselling to work through the emotional and practical challenges that arise from it.

5. Comparison With Other Countries That Criminalise Adultery

Several countries around the world criminalise adultery, although the specifics of the laws and the penalties vary. Here are some examples:

  1. South Korea: Adultery was criminalised in South Korea until 2015, when the Constitutional Court struck down the law, deeming it unconstitutional. Before the repeal, those guilty of adultery could face up to two years in prison.
  2. Philippines: Adultery is considered a crime in the Philippines and is punishable by imprisonment of up to six years. The law applies only to married individuals.
  3. Saudi Arabia: Adultery is illegal and considered a serious crime in Saudi Arabia. Those found guilty of adultery can face imprisonment, fines, and even death by stoning.
  4. United Arab Emirates: Adultery is illegal in the UAE and can be punishable by imprisonment and/or deportation.
  5. India: Adultery was considered a criminal offence in India until 2018, when the Supreme Court struck down the law, calling it unconstitutional. The law had allowed a husband to file a criminal complaint against his wife’s lover.

While some countries continue to criminalise adultery, there has been a trend towards repealing such laws in recent years. Many argue that criminalising adultery violates individuals’ privacy and autonomy and that marital issues should be resolved through civil law rather than criminal law.

6. Adultery As Grounds For Divorce

Although adultery is no longer a criminal offence in Singapore, it remains a legally recognised ground for divorce under the Women’s Charter. Adultery can be defined as voluntary sexual intercourse between a married person and someone who is not their spouse.

Under Singapore law, the spouse who files for divorce on the grounds of adultery must prove that the other spouse has committed adultery and finds it intolerable to continue living with the guilty spouse. The aggrieved spouse must file for divorce within six months of discovering the cheating.

For the court to establish that adultery has taken place, two things must happen:

  1. The guilty spouse has confessed to committing adultery and provided concrete evidence to support the claim.
  2. The betrayed spouse has to undeniably prove adultery has occurred.

Examples of undeniable proof of adultery may include photographs, videos, text messages, emails, hotel receipts, witness statements, or DNA evidence. It is important to note that the evidence must be credible and admissible in court to be considered proof of adultery.

If the court is satisfied that adultery has occurred, it can grant a divorce and order to divide matrimonial assets, maintenance, and other ancillary matters. It is important to note that the court may not consider adultery when deciding on child custody, care, and control, as the focus is on the child’s best interests.

What Happens To The Kids?

7. What Happens To The Kids?

When a couple with children gets divorced, the well-being and best interests of the children are a primary concern. In most cases, both parents will share joint legal custody of the children, which means they will have an equal say in important decisions about their children’s lives, such as their education, healthcare, and religion.

Regarding physical custody, the parents may agree to a parenting plan that outlines the schedule for when the children will stay with each parent. If the parents cannot agree, the court may make a custody order that determines the physical custody and visitation arrangements.

In Singapore, the court may appoint a “parenting coordinator” to help the parents resolve any disputes regarding the children’s welfare and ensure that the parenting plan is followed.

In addition to custody arrangements, the court may also make orders regarding child support and the division of parental responsibilities. The non-custodial parent may be ordered to pay child support to the custodial parent to help cover the costs of the children’s basic needs, such as food, housing, and education.

8. The Cost Of Adultery

In Singapore, if adultery is proven to be a ground for divorce, the court may order the guilty spouse to pay the plaintiff’s legal fees. However, this will depend on the case’s specific circumstances and the court’s discretion.

In general, each spouse is responsible for their legal fees in a divorce proceeding, regardless of the grounds for divorce. However, in cases where one spouse is at a financial disadvantage, the court may order the other spouse to provide financial support to cover the legal fees.

It is also important to note that the cost of divorce can vary widely depending on the complexity of the case and the legal fees charged by the lawyers involved. 

Couples who can come to an amicable agreement on the terms of their divorce, including matters related to custody, property division, and support, may be able to save on legal fees and reduce the overall cost of their divorce.

Conclusion On Infidelity In Singapore

Infidelity and adultery are serious issues that can significantly impact marriages and families in Singapore. While adultery is no longer considered a criminal offence in Singapore, it can still be considered grounds for divorce, and the guilty spouse may be ordered to pay the legal costs of the aggrieved spouse.

Statistics have shown that cases of adultery are not uncommon in Singapore, and the impact of infidelity on marriages and families can be devastating. Couples need to work on maintaining trust and open communication in their relationships to avoid the pitfalls of infidelity.

Despite the legal consequences and emotional toll of adultery, it is important to approach the issue with compassion and understanding. It is not always clear-cut who is at fault in a marriage, and couples may be able to work through their problems with the help of counselling or other forms of support.

Ultimately, the issue of infidelity and adultery is complex and sensitive, requiring careful consideration and understanding from all parties involved. But if you suspect your spouse is committing adultery and refuses to admit to it, seeking help from a private investigator in Singapore is well within your rights.

Contact Detective Don today. We offer private investigation services to catch a cheating spouse and put your minds to ease.

Frequently Asked Questions About Infidelity In Singapore

Is Adultery Illegal In Singapore?

No, adultery is no longer considered a criminal offence by Singapore courts.

Can Adultery Be Used As Grounds For Divorce In Singapore? 

Yes, adultery can be used as grounds for divorce in Singapore. If it is proven to be a ground for divorce, the guilty spouse may be ordered to pay the legal costs of the aggrieved spouse.

What Are Some Common Signs Of Infidelity? 

Some common signs of infidelity include changes in behaviour or routine, increased secrecy, unexplained absences, and a lack of interest in intimacy.

How Can Couples Prevent Infidelity In Their Relationships? 

Couples can work to prevent infidelity by building strong communication and trust in their relationships, being open and honest with each other, and seeking help if they struggle with issues such as stress, anxiety, or depression.

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