Divorce Based on Adultery

Adultery and Divorce in Singapore – What You Need to Know

Divorce is never easy, and cases involving adultery can feel especially painful. Many clients ask whether adultery is enough to get a divorce in Singapore, how it is proven, and what effect it has on issues like children, property, and maintenance. This guide explains how adultery is treated under Singapore law and what you should know if you are considering divorce on this ground.

Is Adultery a Ground for Divorce in Singapore?

Yes. Under section 95 of the Women’s Charter, adultery is one of five recognised facts that can prove a marriage has irretrievably broken down. To rely on adultery, you must show:

1. Your spouse voluntarily had sexual intercourse with another person; and
2. It has become intolerable for you to continue living with them.

If both elements are satisfied, adultery can be used as a legal ground for divorce.

What Counts as Adultery?

Adultery in Singapore is specifically defined as voluntary sexual intercourse with someone other than your spouse. Suspicious behaviour, close relationships, or intimate acts such as kissing do not amount to adultery by themselves. However, they can serve as supporting evidence in an adultery case.

Proving Adultery in Singapore

The law sets a high standard of proof. Courts require clear and convincing evidence that sexual intercourse took place.

Evidence may include:

• A confession or admission by your spouse.
• DNA evidence, such as proof of a child born outside the marriage.
• Circumstantial evidence, like hotel receipts, private investigator reports, photographs, or digital communication showing opportunity and intention.

Because direct proof is often difficult, many clients instead rely on the alternative ground of unreasonable behaviour, which requires a lower threshold of evidence.

Time Limit for Filing on Adultery

If you wish to file for divorce based on adultery, you must do so within six months of discovering it. If you continue living with your spouse beyond that period, you may lose the right to rely on adultery and may need to use another ground, such as unreasonable behaviour.

Does Adultery Affect Custody, Assets, or Maintenance?

Many clients assume that adultery will influence the financial and custody outcomes of a divorce. In reality, this is rarely the case.

• Division of property: Courts divide assets based on contributions to the marriage under section 112 of the Women’s Charter, not on marital fault.
• Maintenance: Adultery generally does not affect whether maintenance is awarded.
• Children: The court’s only concern is the best interests of the child. Unless the adulterous conduct directly impacts the child’s welfare, it will not affect custody or care decisions.

The main consequence of adultery is that it can be used as the legal ground for divorce – not that it gives you a more favourable financial or custodial outcome.

Alternatives if You Cannot Prove Adultery

If evidence is lacking, you may still file for divorce under:

• Unreasonable behaviour: Showing that your spouse acted in a way that makes it unreasonable for you to continue living together. This could include inappropriate relationships, gambling, or verbal abuse.
• Separation: If you and your spouse have lived apart for the required period.
• Divorce by Mutual Agreement (DMA): Introduced in 2024, this allows couples to end a marriage without proving fault.

Key Takeaways

• Adultery is a recognised ground for divorce, but it must be proven with strong evidence.
• You must file within six months of discovering the adultery.
• Adultery has little impact on property division, maintenance, or custody – those are decided on fairness and the child’s welfare.
• If proof is difficult, unreasonable behaviour or other grounds may be more practical.

Considering Divorce on the Grounds of Adultery?

Adultery cases can be emotionally charged and legally complex. Whether you are thinking of filing for divorce or exploring your options, it is important to get advice from an experienced divorce lawyer who can evaluate your evidence and guide you on the best approach.

At PKWA Law, our divorce lawyers are recognised among Singapore’s leading family lawyers. We offer fixed, transparent fees, and have over 30 years of experience handling divorce and family law cases.

Contact us today for a confidential consultation and let our team help you navigate your next steps with clarity and care.

FAQs on Adultery and Divorce in Singapore

1. Is adultery a ground for divorce in Singapore?

Yes. Under section 95 of the Women’s Charter, adultery is one of the five facts that can prove a marriage has irretrievably broken down. However, you must also show that it is intolerable to live with your spouse after discovering the adultery.

2.  What is considered adultery in Singapore law?

Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. Acts like flirting, dating, or kissing may indicate inappropriate behaviour but do not amount to adultery on their own.

3. How do I prove adultery in court?

Proof must be strong. Common evidence includes a spouse’s admission, DNA evidence of a child born outside the marriage, or circumstantial evidence such as hotel records, private investigator reports, or digital communications that demonstrate the opportunity for sexual intercourse.

4. What if I cannot prove adultery?

If there is no direct proof, you may still be able to file for divorce under the ground of “unreasonable behaviour.” This requires showing that your spouse acted in a way that makes it unreasonable for you to continue living together.

5. Does adultery affect custody, property division, or maintenance?

Generally, no. Singapore divorce law does not punish “fault” in ancillary matters. Custody is decided based on the best interests of the children, while assets and maintenance are assessed on contributions and fairness, not adultery.

6. Is there a time limit for filing divorce on adultery grounds?

Yes. You must file within six months of discovering the adultery. If you continue to live with your spouse for more than six months after finding out, you may lose the right to rely on adultery as your ground for divorce.

7.  Can a man also be a victim of adultery?

Yes. Adultery is a gender-neutral ground for divorce. Either spouse can file based on the other’s adultery.

8.  Should I hire a lawyer for an adultery divorce case?

Yes. Adultery cases require a high standard of proof and careful presentation of evidence. A divorce lawyer can help assess your case, advise whether adultery or another ground is more suitable, and represent you throughout the process.

Considering Divorce on Grounds of Adultery?

Adultery cases in Singapore can be complex, with a high burden of proof and strict legal requirements. If you are facing this situation, it is important to understand your options and to have the right guidance. Our experienced divorce lawyers can explain the law clearly, assess your evidence, and advise you on the best way forward — whether through proving adultery or relying on alternative grounds such as unreasonable behaviour.

Contact us today to arrange a confidential consultation and get the clarity and peace of mind you need before making your next step.