- You must prove the adultery happened and that you find it intolerable to live with your spouse.
- Living together for more than six months after you find out can stop you relying on it.
- Evidence is usually an admission or an investigator's report.
- If proof is thin, unreasonable behaviour is often a more practical route.
What you need to prove
To rely on adultery, you must show two things: that your spouse had sexual intercourse with another person, and that you find it intolerable to live with them. The second part is personal to you, and the two do not have to be connected.
Adultery is rarely witnessed directly, so courts accept circumstantial evidence. The most common forms are:
- a written admission by your spouse, sometimes given in exchange for keeping the divorce simple;
- a private investigator's report showing your spouse and another person together in circumstances that point to intercourse; or
- other evidence such as messages, photographs, or hotel records, taken together.
The six-month rule
If you and your spouse continue to live together for a period, or periods, totalling more than six months after you learn of the adultery, you cannot rely on that adultery as your fact. Living together for less than six months is disregarded, so a genuine attempt to make things work does not count against you.
If you intend to rely on adultery, it is wise to get advice soon after you find out rather than waiting.
Naming the other person
The person your spouse committed adultery with may be named in the proceedings as a co-defendant, and you can ask for them to pay some of your legal costs. Naming a co-defendant tends to raise the temperature of a divorce, so it is worth weighing carefully.
When unreasonable behaviour is the better route
If you suspect adultery but cannot prove it, or the six-month window has passed, the conduct around it can often support a divorce on the basis of unreasonable behaviour instead. Secrecy, deception and emotional neglect are all relevant behaviour. This also avoids a contest over whether the adultery can be proved.
Does adultery affect the outcome?
Generally, not much. Singapore courts divide matrimonial assets and decide maintenance based on contributions and needs, not to punish a spouse for the breakdown. Arrangements for children are decided on their welfare. Adultery is relevant to the reason for the divorce, rather than to who gets what.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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