Adultery under Singapore law occurs when a married person engages in an intimate relationship with someone other than their spouse. This action deeply impacts the emotional bond in a marriage, often leading to feelings of betrayal and a breakdown of trust. In Singapore, the law takes adultery seriously, considering it as grounds for divorce if the wronged spouse can provide sufficient proof. Divorce cases that involve adultery typically revolve around how the affair has affected the marriage and whether reconciliation is possible. In this article, we’ll examine what constitutes adultery in Singapore law and its impact, how it influences marriages, and what legal steps follow when a spouse decides to file for divorce based on adultery.
What Is Adultery in Singapore Law?
Adultery happens when a married person chooses to have a close relationship with someone who isn’t their spouse. This kind of behavior damages the trust that holds a marriage together. Because of this, adultery often leads to divorce.
To get a divorce because of adultery, a spouse must show proof. They need to collect strong evidence that shows the cheating actually took place. Some may hire someone to follow the cheating spouse or gather messages that reveal the affair. If the spouse proves the adultery, they can ask for a divorce under Singapore law.
Divorce Because of Adultery
When someone asks for a divorce because of adultery, the court doesn’t just approve it right away. First, the court checks if the adultery truly caused the marriage to break. The spouse asking for the divorce must show that living with the cheater has become unbearable.
Emotional pain, constant arguments, and loss of trust all add up. If these happen because of adultery, the spouse can file for divorce. However, they need to act within six months after learning about the affair. If they wait longer, it might become harder to ask for a divorce based on adultery.
How to Prove Adultery in Singapore Law
Proving adultery in Singapore law requires solid evidence. Simply thinking or guessing that the other person is cheating isn’t enough. The person who wants the divorce must prove the affair happened.
Here are some ways to show proof:
- Photos showing the cheaters together.
- Investigators’ reports proving the affair.
- Text messages or emails that reveal the cheating.
Courts in Singapore need strong proof, such as reports from investigators. If the spouse doesn’t have good evidence, it might become tough to win the divorce case based on adultery.
How Adultery Changes Divorce Outcomes
Adultery in Singapore law shakes up the divorce process. When the court agrees that adultery took place, it looks at other things like child custody, asset division, and support.
- Child Custody
The courts always think about what’s best for the child. Even if one spouse cheats, this doesn’t automatically mean they lose custody. The courts only change custody if the affair affects the child in a harmful way. - Division of Assets
Cheating doesn’t always mean the cheating spouse loses their property. The court looks at how much both people contributed to the marriage. However, adultery might affect decisions if it causes the other spouse to struggle financially. - Spousal Maintenance
Adultery might affect how much support the cheated-on spouse gets. If the cheating caused emotional or financial damage, the court might consider that in the amount. But usually, the courts focus more on the financial needs of both people.
What the Cheated-On Spouse Can Do
When adultery happens, the cheated-on spouse has options under Singapore law. They can ask for a divorce, separation, or even try to fix the marriage. Most people go for divorce, but there are other paths.
- Filing for Divorce
The spouse who asks for the divorce starts by filing papers with the Family Court. They must show proof of the affair. The court reviews this and then decides if they will grant the divorce. - Legal Separation
Some couples choose to separate but stay married. They live apart and create a legal plan that covers things like money and children. Adultery still matters during separation, but it doesn’t need the same kind of proof as divorce. - Counseling and Fixing the Marriage
Sometimes, even after an affair, couples decide to stay together. They might see a counselor to help them rebuild trust. While adultery can damage a marriage, some couples want to try to repair their relationship.
How Adultery Hurts People Emotionally
Adultery isn’t just about breaking rules. It also causes deep emotional pain. When a spouse cheats, it often leads to sadness, anger, and confusion. It breaks trust, and this makes it hard for the cheated-on spouse to keep living with their partner.
Adultery also affects children. Watching their parents argue or separate can hurt them emotionally. Courts pay close attention to children’s feelings and always choose what’s best for them during a divorce.
How Singapore Courts Handle Divorce Cases
In Singapore, the Family Justice Courts handle divorces. They look at the evidence, listen to both people, and then decide the best outcome. The court tries to make fair decisions for both sides.
Sometimes, the courts ask couples to meet with a mediator to settle disagreements peacefully. These sessions help couples talk about big decisions like who gets the house, how to share money, and who takes care of the children.
What If Proving Adultery Becomes Difficult?
Proving adultery can be hard. If someone can’t find enough proof, they can still ask for a divorce. Singapore law allows divorces for other reasons like unreasonable behavior, leaving the spouse for three years, or separation for a long time.
While adultery causes lots of pain, it’s not the only reason for divorce. Even if someone can’t prove it, they can still look for other legal grounds to end the marriage.
The End Note
Adultery in Singapore law seriously affects marriages. If someone cheats, the wronged spouse can ask for a divorce, but they need to gather strong proof. Adultery changes how divorce happens. It goes into something as mundane as who gets to care for the children, how the property is split, or the amount of money that will be given to the cheated-on spouse. Singapore law will deal with the intricacies in a court’s decision. Courts actually work hard to render a fair decision to everyone, mainly the children.
In the final analysis, extramarital affair in Singapore law reminds us of how much of a thing trust is in marriage. And if that trust is broken, then, indeed, the laws help people move on or seek to rebuild their lives in some other way.