基于通奸的离婚

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.

Yes. Adultery is one of the recognised facts to show irretrievable breakdown of a marriage. The spouse filing must show that adultery occurred and that it is intolerable to continue living with the other party. Evidence is usually required, such as private investigator reports, messages, or clear admissions.

To use adultery as a ground for divorce:

• You must file within 6 months from the date you found out about the adultery.
• If you continued to live with your spouse for more than 6 months after discovering the adultery, the Court may consider that you condoned the act. In that case, you cannot rely on adultery as your ground for divorce.

Adultery and Divorce in Singapore - In Singapore, adultery must be proven with clear and convincing evidence because of its serious implications in divorce proceedings. Courts require more than suspicion — you must show that sexual intercourse took place.

Evidence can take the form of:

• A spouse’s admission of the affair.
• DNA evidence of a child born outside the marriage.
• Circumstantial evidence, such as hotel records, private investigator reports, or digital communications that demonstrate both intent and opportunity for sexual intercourse.

Mere suspicion, or acts like flirting, holding hands or kissing, are not enough. The burden of proof is high because adultery directly questions the integrity of the marriage, so the Court will not accept weak or speculative claims.

However, if such behaviour exists, you may still rely on it as part of a claim for unreasonable behaviour, which is the most common ground for divorce in Singapore.

Because the burden of proof for adultery is high (and often requires costly private investigator reports), many clients choose unreasonable behaviour instead, as it is easier and less expensive to establish.

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.

When adultery is used as the ground for divorce, the Court usually requires clear proof - and this often means engaging a licensed private investigator. In Singapore, PI fees typically start from $3,000 and can exceed $15,000, depending on how long the surveillance takes and how complex the investigation is. These costs are in addition to your legal fees.  Because PI work can be expensive, many spouses choose instead to file under “unreasonable behaviour”, which does not require a PI’s involvement. This ground is also the most frequently used in Singapore, as it is often simpler and more affordable to establish.

If there is no strong 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.

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.

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

If there is not enough evidence for adultery, you may still rely on unreasonable behaviour. For example, unexplained overnight absences, close relationships with a third party, or neglect of the marriage may be sufficient for the Court to find unreasonable behaviour.