Adultery, also known as infidelity, is an emotionally charged issue with wide-reaching implications in personal relationships, societal norms, and legal frameworks. When it comes to Singapore, a country known for its stringent laws and regulations, there often arises a question – Is infidelity considered a crime?
No. Infidelity is not a crime in Singapore. However, it can be legal grounds for divorce. This article will explore the legal perspectives on adultery and cheating in the context of marriage, aiming to understand the subject comprehensively.
1. Adultery Is Not A Crime In Singapore
Infidelity was never a criminal offence in independent Singapore. However, it had significant consequences in civil law, particularly in divorce proceedings. The Women’s Charter, enacted in 1961, allows a spouse to file for divorce on the grounds of irretrievably broken down marriage with adultery as one of the causes.
This was a transformative move that recognised infidelity as a legitimate reason for the dissolution of a marriage.
This evolution underscores Singapore’s approach to keeping the state separate from the private affairs of individuals while also ensuring legal recourse for those wronged in their marital relationships.
2. Proving Infidelity During Divorce Proceedings
Cheating is not a crime in Singapore in the context of marital relationships. However, it can be a reason for an individual to file for divorce, especially if the petitioner finds it intolerable to live with the cheating spouse.
The petitioner must provide strong evidence that their spouse has been unfaithful. The burden of proof needed to establish adultery is relatively high. The court requires clear and compelling evidence to support the claim.
Strong evidence of adultery can be a confession from a spouse or the existence of an illegitimate child. A confession directly supports the claim, while an illegitimate child, particularly when backed by DNA evidence, is strong circumstantial proof of an affair. The Court requires proof on a “balance of probabilities,” and either of these factors would typically meet that standard.
Other examples could be direct evidence, such as photographs, text messages, or emails, that suggest a romantic or sexual relationship outside the marriage. Eyewitness accounts, although rare, could also be used. Some petitioners hire private investigators to catch cheating spouses and gather concrete evidence to prove infidelity.
3. Importance Of Timing For Filing A Divorce Based On Infidelity
The timing of separation after discovering adultery is critical, as it demonstrates the response to the infidelity. Women’s Charter Sec 95A (2) includes conditions to address situations where the petitioner (Y) continues to live with the cheating spouse (X) after learning of the adultery, as this continuation could indicate a willingness to reconcile.
For Y to use X’s adultery as grounds for divorce, the following conditions apply:
- 6-Month Rule (Subsection 1(a)): If Y continues living with X for 6 months or less after learning about X’s adultery, this period will be ignored in the assessment of whether Y finds it intolerable to live with X. This means Y can still use the adultery as grounds for divorce without it being considered an acceptance or forgiveness of the act.
- Beyond 6 Months (Subsection 1(b)): If Y continues living with X for more than 6 months after discovering the adultery, Y cannot rely on that act of adultery as grounds for divorce. In this case, the law assumes that prolonged cohabitation might suggest an implicit forgiveness or reconciliation, and Y cannot claim that X’s adultery makes it intolerable to live with X.
4. Adultery And Division Of Matrimonial Assets
In Singapore, a court will determine the division of marital assets during a divorce, which considers various factors to ensure a just and equitable distribution. These factors include the financial contributions made by each party towards acquiring assets, contributions to the family’s well-being, such as homemaking and taking care of children, and any assistance from one party to the other for their education or career.
While infidelity might influence the court’s decision, it is not a primary determinant. The court places a greater emphasis on each party’s contribution to the assets.
5. Impact On Child Custody
In Singapore, the court’s paramount consideration in deciding child custody cases is the child’s welfare. This principle is enshrined in the Women’s Charter, which guides family law in the country. When it comes to the impact of infidelity on child custody, the primary concern is not the act of infidelity itself but how the child’s welfare may be affected by it. If the infidelity has resulted in circumstances that directly harm the child’s emotional, psychological, or physical well-being, it could influence the court’s decision.
For instance, if the unfaithful spouse’s new partner negatively impacts the child’s well-being, it might sway the court’s decision. Similarly, suppose the adulterous relationship has resulted in neglect or emotional distress for the child. In that case, the court may consider it.
6. Using Unreasonable Behaviour As An Alternative
Proving infidelity can be hard without a confession or concrete evidence. Still, a spouse can file for divorce because the other party has behaved in a way that makes it unreasonable to continue living together.
This can include instances of emotional neglect, controlling behaviour, physical abuse, or addiction issues. Unlike adultery, there is no need for direct evidence of infidelity. The affected spouse must show that the behaviour makes it impossible to continue the marriage.
This ground may also allow spouses to file for divorce when direct evidence of adultery is lacking, but the impact of the behaviour is deeply felt. For example, constant flirting or behaving intimately with a third person.
In essence, this behaviour with someone else can qualify as unreasonable, significantly if it undermines the trust and stability within the marriage.
7. Societal Implications Of Infidelity In Singapore
Infidelity, even in contemporary societies, carries a significant social stigma. The stigma attached to infidelity is substantial in Singapore, a culturally diverse nation influenced by a mix of Eastern and Western values. Adultery is generally viewed as a breach of trust and violation of the sanctity of marriage, leading to societal disapproval and often ostracism.
The spouse who has been cheated on often experiences betrayal, hurt, anger, and sometimes even guilt. It can lead to mental health issues such as depression, anxiety, and lowered self-esteem. For children, discovering a parent’s infidelity can be particularly distressing. It can disrupt their sense of stability and trust, leading to fear of commitment, trust issues, and emotional distress in their future relationships.
Conclusion On Adultery In Singapore
In Singapore, infidelity is not a criminal offence, but it carries considerable weight in divorce proceedings. It can serve as a ground for divorce and possibly indirectly influence the division of assets and child custody. Therefore, while the law doesn’t penalise extramarital affairs, the repercussions can be significant in family law.
If you are starting to develop doubts with your partner, try to have open communication lines between you two. Try to express your concerns and listen. However, if you notice signs of infidelity and highly suspect that you won’t be able to catch your cheating spouse in Singapore on your own, you may also try to speak with a top private investigator in Singapore to seek answers and find information.
In the end, while laws and societal norms provide a framework, the health and longevity of a relationship often depend on the actions and choices of the individuals involved. It’s a gentle reminder to us all to cherish and take care of our relationships, recognising their value not just legally or socially but, more importantly, emotionally and personally.
If you seek professional private investigation services in Singapore, get in touch with our team at Catching Spouse International. We’re a team of licensed PIs dedicated to not just gathering evidence to prove an affair but also guiding you on what can be done should you find yourself in a situation involving an unfaithful partner.
Frequently Asked Questions About Infidelity In Singapore
Is A Confession From The Unfaithful Spouse Sufficient Proof Of Adultery In Court?
A confession can be part of the evidence, but it’s usually not sufficient. It’s generally recommended to have additional corroborating evidence to substantiate the claim of adultery.
What Is Considered Proof Of Adultery In A Court Of Law In Singapore?
The petitioner must provide direct or circumstantial evidence to prove adultery. This could include photographs, texts, emails, or eyewitness accounts of the spouse’s infidelity.
Does The “Guilty” Party Receive Less In Asset Division Due To Infidelity?
The division of assets in Singapore is primarily based on the contribution of each party to the marriage, including financial contribution, homemaking, and child-rearing efforts. While adultery can influence the court’s decision, it is not a decisive factor.
Does Infidelity Affect Child Custody Decisions In Singapore?
The court’s primary concern in child custody cases is the child’s welfare. If adultery impacts the child’s interest, it could influence the custody decision. However, infidelity is not a direct factor in determining custody rights.
