Divorce Due to Adultery

In Singapore, adultery remains one of the recognised ways to establish that a marriage has irretrievably broken down, which is the sole legal ground for divorce under the Women’s Charter.

However, adultery does not automatically entitle a party to a divorce. Instead, it is a fact that may support the court’s finding that the marriage has irretrievably broken down, provided the legal requirements are satisfied.

This article explains:

• What adultery means under Singapore law
• How adultery is proven in divorce proceedings
• Timing restrictions and practical considerations
• Whether adultery affects financial or child-related matters
• Alternative divorce grounds where adultery is unsuitable or difficult to prove

What Is Adultery as a Ground for Divorce?

Under the Women’s Charter, there is only one ground for divorce: that the marriage has irretrievably broken down. Adultery is one of the recognised facts that may be relied upon to establish this ground.

Adultery is legally defined as voluntary sexual intercourse between a married spouse and a person who is not their spouse.

Importantly:

• Emotional affairs, flirtatious behaviour, kissing, or non-sexual intimacy do not in themselves amount to adultery, although such conduct may support other divorce grounds, such as unreasonable behaviour.

The spouse filing for divorce must show that:

1. The other spouse committed adultery; and
2. The adultery has made it intolerable for the filing spouse to continue living with them.

Both elements must be satisfied before the court will accept adultery as a basis for divorce.

How Adultery Must Be Proven

Adultery must be proven on a balance of probabilities, meaning the court must be satisfied that it is more likely than not that the adultery occurred.

Because adultery usually takes place in private, direct evidence is rare. The court may accept a combination of direct and circumstantial evidence, such as:

• A confession or admission by the spouse
• Photographs or video evidence
• Hotel receipts, travel records, or accommodation bookings
• Text messages, emails, or digital communications suggesting a sexual relationship
• Private investigator reports or witness statements
• DNA evidence, such as a child conceived outside the marriage

Mere suspicion, rumours, or unsubstantiated allegations are insufficient. The evidence must be credible, coherent, and capable of supporting a reasonable inference that sexual intercourse took place.

Timing and Filing Restrictions

Singapore law imposes an important time limitation when relying on adultery as a ground for divorce.

If the filing spouse continues to live with the other spouse for more than six months after discovering the adultery, they may lose the right to rely on adultery as the basis for divorce. This rule exists to prevent parties from relying on adultery after having effectively forgiven or accepted the conduct.

In addition:

• A spouse cannot rely on their own adultery to file for divorce.
• Only the aggrieved spouse may rely on adultery as a fact demonstrating irretrievable breakdown.

Adultery must therefore be acted upon promptly, and legal advice should be sought early to avoid losing this option.

Does Adultery Affect Financial or Child-Related Matters?

A common misconception is that adultery will significantly influence the outcome of ancillary matters. In Singapore, this is generally not the case.

Division of Matrimonial Assets

The court’s focus is on achieving a just and equitable division based on each party’s contributions to the marriage and their future needs. Adultery, as a form of marital misconduct, usually does not affect asset division.

Maintenance

Whether spousal or child maintenance is awarded depends on financial need and the paying party’s ability to pay. Adultery alone does not increase or reduce maintenance obligations.

Child Custody and Care Arrangements

The court’s paramount consideration is the best interests and welfare of the child. Unless the adulterous conduct directly impacts the child’s well-being, it will not ordinarily affect custody, care and control, or access decisions.

Only in rare and exceptional cases involving serious misconduct may such behaviour be taken into account.

What If Adultery Cannot Be Proven?

Adultery can be difficult to prove, and the six-month time limitation may prevent reliance on this ground even where adultery has occurred.

Where adultery cannot be established, alternative divorce grounds may be more appropriate, including:

• Unreasonable behaviour, where the spouse’s conduct makes it unreasonable to expect continued co-habitation
• Separation, with or without consent, for the required duration
• Divorce by Mutual Agreement (DMA), a no-fault ground introduced in July 2024 that allows couples to jointly acknowledge the irretrievable breakdown of their marriage without proving fault or separation

A divorce lawyer can advise on the most suitable ground based on the available evidence and circumstances.

How JCP Law Can Assist

At JCP Law, our family lawyers have extensive experience advising clients in divorce matters involving allegations of adultery. We provide practical, sensitive, and strategic guidance, including:

• Assessing whether adultery is a viable and advisable ground for divorce
• Advising on evidence requirements and legal risks
• Preparing and filing divorce papers
• Representing clients in court proceedings
• Exploring alternative divorce grounds where appropriate

Divorce involving adultery can be emotionally and legally complex. Early legal advice is essential to protect your interests and avoid unnecessary disputes.

Contact JCP Law today to discuss your situation and understand your options.