Adultery, while not a mandatory ground for divorce, is one of the key factors that can establish the irretrievable breakdown of a marriage. But can you get a divorce solely on the basis of adultery in Singapore, and what are the legal implications?
In this article, we will discuss what adultery is, how it factors into divorce proceedings in Singapore, and the necessary steps to take if you wish to file for divorce based on adultery.
What is Adultery in the Context of Divorce?
In the legal context of divorce, adultery is defined as one spouse engaging in voluntary sexual intercourse with someone who is not their spouse. It is important to note that adultery alone is not enough to guarantee a divorce. Under Singaporean law, adultery is considered one of several factors that may lead to the irretrievable breakdown of a marriage, which is the ground for divorce.
However, adultery, in itself, does not automatically result in the court granting a divorce. To succeed in a divorce petition based on adultery, the spouse seeking the divorce must prove that the adultery has made it impossible for the parties to continue living together. The legal burden of proof lies with the spouse filing for divorce.
Legal Grounds for Divorce in Singapore
In Singapore, there are several grounds for divorce, but irretrievable breakdown of the marriage is the most commonly used ground. To establish irretrievable breakdown, a spouse must demonstrate that one or more of the following have occurred:
- Adultery: One spouse has committed adultery, and the other spouse finds it intolerable to continue living with the adulterous partner.
- Unreasonable Behavior: One spouse behaves in such a way that it would be unreasonable for the other spouse to continue living with them. This may include physical, emotional, or verbal abuse.
- Desertion: One spouse has deserted the other for a continuous period of at least two years.
- Separation: The couple has lived apart for a period of at least three years, and both spouses agree to divorce. If only one spouse agrees to divorce after living apart for four years, it may still be granted by the court.
Can You Get a Divorce Based on Adultery Alone?
While adultery is a valid ground for divorce, it is not a standalone reason for the court to grant a divorce. In Singapore, for adultery to serve as a ground for divorce, the filing spouse must establish two key points:
- Proof of Adultery: The spouse seeking a divorce on the grounds of adultery must provide evidence that the other spouse has committed adultery. This may include photographs, witness testimonies, or confessions. However, in practice, it can be very difficult to prove adultery without direct evidence, as adultery typically occurs behind closed doors.
- Intolerability of the Marriage: Simply proving that one spouse committed adultery is not enough. The spouse filing for divorce must also show that the adultery has made it impossible for the marriage to continue. This means that the spouse seeking the divorce must prove that they can no longer live with the adulterous spouse. It is possible to file for divorce based on adultery even if the couple is still living together, but the petitioner must show that they find it intolerable to continue the marriage.
If the spouse who has committed adultery admits to the act and both parties are in agreement that the marriage is irretrievably broken, the divorce process may proceed without significant conflict. However, if there is no agreement and the adultery is contested, proving that the marriage has broken down irreparably becomes more challenging.
How Does Adultery Affect the Divorce Process?
Adultery can influence several aspects of the divorce process, although it is primarily a ground for establishing irretrievable breakdown rather than a determining factor for property division or spousal maintenance. However, there may be some implications:
- Division of Assets: While adultery does not directly impact the division of matrimonial assets in Singapore, it may influence the court’s consideration of the parties’ conduct when dividing assets. If the adultery is deemed to have caused harm to the family or the financial stability of the marriage, it might affect the allocation of assets, but this is not the rule. The court primarily considers factors such as financial contributions, the welfare of children, and the needs of both spouses.
- Custody of Children: Adultery may be a factor in custody decisions if it is linked to the welfare or well-being of any children involved. For example, if the adulterous behavior was associated with neglect or abuse of the children, this could influence decisions about who is awarded custody or access rights. However, in most cases, the court’s primary concern in custody decisions is the best interests of the child.
- Spousal Maintenance (Alimony): In general, adultery does not have a significant impact on whether a spouse is awarded alimony. Singapore courts focus more on the financial needs of the spouse seeking maintenance and the paying spouse’s ability to pay. However, if the adultery caused significant harm to the spouse’s financial standing or health, it could indirectly affect the maintenance arrangement.
What Happens if One Spouse Denies the Adultery?
If the spouse accused of committing adultery denies the allegation, the petitioner must prove the adultery took place. This can be difficult, as adultery is often a private matter with little direct evidence. If there is no concrete proof of adultery, the court may allow the divorce to proceed based on other grounds such as unreasonable behavior or separation.
In cases where the adultery is contested, it can lead to lengthy court battles and increased legal costs. This is why many couples opt for mediation or alternative dispute resolution methods before going to court, especially if they are seeking an amicable divorce.
