Infidelity, often viewed as the ultimate betrayal in a marital relationship, has unfortunately become prevalent in many modern unions. While its emotional devastation is immeasurable, the question frequently arises, “Does infidelity affect divorce?”
From legal to financial implications, the consequences of infidelity are far-reaching, often impacting the terms of divorce settlements. In this article, you will understand how infidelity affects divorce proceedings and the reasons behind possible court decisions.
1. The Long-Term Impact Of Infidelity
Beyond the immediate fallout in the aftermath of an affair, the long-term impact of infidelity can permeate various aspects of both partners’ lives. Trust, once broken, is hard to rebuild.
The emotional trauma can affect future relationships and one’s self-esteem. Additionally, if children are involved, they might bear emotional scars, affecting their perception of relationships and trust.
2. Legal Implications Of Infidelity In Divorce Proceedings
Traditionally, infidelity or adultery is a solid ground for divorce. In Singapore, adultery is one of the five facts to prove that the marriage has irretrievably broken. One can file for divorce because adultery has made it intolerable to live with the spouse.
However, in divorce proceedings, marital misconduct is typically not considered when dividing assets or awarding alimony. Adultery does not have a direct influence on the divorce outcome.
It’s at the court’s discretion to order a cheating spouse to pay for the proceedings, receive a smaller share, of marital assets, or even be denied alimony.
Effect Of Infidelity On Child Custody And Support
The welfare of the child remains paramount in any divorce proceeding. While infidelity in itself might not directly influence custody, the adulterous relationship can still impact the child’s environment.
For instance, if the unfaithful spouse exposed the child or children to inappropriate situations or individuals as a result of their actions, it could affect custody decisions.
Similarly, if the act of infidelity disrupts the child’s living situation or emotional well-being, it may be considered when determining custody and support.
Hence, gathering evidence to prove a spouse’s behaviour is necessary for a parent fighting for custody. This is one of the reasons to hire a private investigator.
Effect Of Infidelity On Alimony And Property Division
Does infidelity affect divorce settlement financially? Not necessarily. The court’s decision is made on a case-to-case basis.
Infidelity has no impact most of the time. Following Women’s Charter 1961 Section 112, matrimonial assets are split based on what the court deemed just and equitable.
Alimony or maintenance is determined based on financial need, the duration of the marriage, the standard of living during the marriage, and other economic factors.
Unless marital funds were misused in the course of the extramarital affair (e.g., buying gifts for a lover), infidelity generally doesn’t play a role in financial settlements.
3. Reasons Infidelity Has Little To No Influence On Divorce Proceedings
In many modern legal systems, infidelity has a diminished or sometimes nearly non-existent impact on divorce settlements. This might be surprising to some, especially given the significant emotional weight associated with marital betrayal.
Here’s why infidelity often has little to no influence on the outcomes of divorce settlements:
Evolution Of No-Fault Divorce Laws
Historically, to obtain a divorce, one had to prove fault, such as adultery. However, over time, many countries have adopted no-fault divorce laws.
In fact, in Singapore, a new law, called Divorce by Mutual Agreement, is expected to be passed. Under this law, spouses can end a marriage without pointing to any wrongdoing by either party.
The objective is to simplify the process, reduce contention, and focus on an equitable division of assets and childcare responsibilities rather than punishing misconduct.
Objective Decision-Making
Courts aim to make decisions based on objective criteria and the best interests of involved parties, especially children. Introducing infidelity into the equation can unnecessarily complicate proceedings and introduce emotional bias.
The Separation Of Emotional And Legal Issues
While infidelity can be emotionally devastating, the legal system aims to separate personal emotions from the objective process of divorce settlements. This ensures that decisions are made rationally and equitably rather than being driven by emotions.
Decriminalising Infidelity
Infidelity, or adultery, involves a married individual engaging in sexual relations with someone other than their spouse. In the past, several societies did penalise adultery as a crime, but over time, and with changing socio-cultural norms, many jurisdictions have decriminalised it.
Conclusion About The Impact Of Infidelity On Divorce
While the pain of infidelity is undeniably profound, its effects on divorce settlements vary based on individual circumstances. The intertwined emotional, legal, and financial aspects make it essential for aggrieved parties to seek both emotional support and sound legal counsel.
Get in touch with Catch Cheating if you are looking for top private investigators in Singapore specialising in. With our extensive worldwide network and years of experience, we can gather sufficient evidence and deliver the results that you need.
Frequently Asked Questions About The Impact Of Infidelity On Divorce
What Is Considered Infidelity In A Marriage?
Infidelity, often referred to as adultery, involves a married individual engaging in romantic or sexual relations with someone other than their spouse. It can range from physical affairs to emotional connections or even online relationships.
Who Will Be Granted Custody For Infidelity-Driven Divorce?
In a divorce based on adultery, it’s not a guarantee that the unfaithful spouse will have no right to child custody. Infidelity, in and of itself, typically won’t sway a custody decision. The primary consideration in custody decisions is the best interest of the child, not the moral or ethical conduct of the parents.
Is It Necessary To Hire A Private Investigator To Prove Infidelity In Court?
The decision to hire a private investigator depends on the jurisdiction and the specific situation. While evidence can strengthen a case, it’s essential to ensure any evidence is obtained legally.
How Can I Protect My Assets If I Suspect My Spouse Of Infidelity?
It’s essential not to make any hasty decisions. Document all financial information, avoid making large purchases or sales and seek legal advice to ensure you’re acting within the law and protecting your interests.
