Proving Adultery: What Your Lawyers Will Need to Know

Previously, we discussed four legal grounds for divorce, as prescribed by the Women’s Charter. They are necessary to provide sufficient weight to your case, resultantly showing that your marriage has irretrievably broken down. One of these includes adultery.Previously, we discussed four legal grounds for divorce, as prescribed by the Women’s Charter. They are necessary to provide sufficient weight to your case, resultantly showing that your marriage has irretrievably broken down. One of these includes adultery.

What is the meaning of adultery?

Adultery is defined as the event in which one partner voluntarily has sex with a third party. In other words, this can be described as extramarital sex. It is inconsequential whether the third party is married or not.

In addition to fulfilling certain requirements, the onus is also on the innocent party to provide enough information to prove that the act took place. When you engage a divorce lawyer in Singapore, gaining an overview of what you are expected to provide is imperative before proceeding with your case. We discuss these below:

Questions your lawyer will ask you before proceeding with the case for adultery 

1. Did you continue living with your spouse for more than six months?

In pursuant to section 95(5)(b) of the Women’s Charter, you cannot use adultery as the basis for divorce if you continued to stay with your spouse for over six months without commencing any proceedings. Going beyond the duration as statutorily prescribed may give the court the impression that you have forgiven your spouse for committing adultery. The court will thus not find it sufficient to prove an irretrievable breakdown of your marriage.

2. Did sexual intercourse take place?

As aforementioned, adultery involves sexual intercourse between one partner and a third party, which involves penetration. In that sense, oral sex or other intimate acts would not amount to adultery. 

3. Did the sexual intercourse take place with someone from the opposite gender?

In the view of the court, sexual relationships occur between a man and a woman. Should the act take place between your partner and a third party of the same gender, you may not be able to use adultery as grounds for divorce. However, you can consider a case for unreasonable behaviour as an alternative.

4. Do you have concrete evidence to prove that the intimate act took place?

As the burden of proof falls on you to show that adultery took place, you must provide clear and irrefutable evidence to substantiate your case. Such circumstantial evidence can be categorised into two types: direct and indirect.

Direct evidence constitutes:

• Video footages that capture the two parties in the act
• DNA samples to biologically confirm that penetration took place
• Existence of a lovechild as a result of adultery

Indirect evidence includes:

• Purchase receipts such as hotel bookings and contraceptive pills
• Phone records, emails and chats that illustrate the intimacy between your spouse and the third party
• Written testimonies from witnesses that can support your case

Your spouse’s confession of the act of infidelity is another form of evidence that will be taken into account by the court.

5. Are you willing to consider unreasonable behaviour as grounds for divorce?

Proving adultery can be difficult, especially when putting together the evidence required. Instead, you may opt to set a case for unreasonable behaviour, in which you can express that your spouse has had an improper association with a third party, in such a manner that adultery could have been assumed or a chance for it to occur. In that direction, you will need to convince the court that your spouse’s intimate relationship with the third party makes it intolerable for you to live with him/her. 

Get legal assistance

Filing a divorce on the basis of adultery can be tricky as it entails providing concrete evidence to prove that the act took place. Should you find out or suspect that your spouse has committed adultery and want to seek a divorce in Singapore, it is advised to approach a divorce lawyer as soon as possible to discuss the questions above. With sound legal advice, you can take more impactful steps when moving forward with your divorce. Get in touch with our team of experienced attorneys today!