ADULTERY IN DIVORCE

adultery in divorce

Adultery In Divorce

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If you have discovered that your wife or husband has been cheating on you, you may feel devastated and betrayed.  You may wish to divorce.   Here at PKWA Family Law,  we meet many clients who are going through this difficult situation and who seek our advice on their divorce rights and options.

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Is adultery a ground for divorce?

To obtain a divorce in Singapore, you must prove that your marriage has irretrievably broken down.  To prove this, you can use one of five facts – adultery, 3 years’ separation with consent, 4 years’ separation, unreasonable behaviour and desertion.

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Does kissing and flirting count as adultery?

No.    Adultery under Singapore divorce law has a very specific meaning. It only refers to full sexual intercourse between your spouse and a member of the opposite sex.  All other kinds of sexual activity falling short of sex does not constitute adultery.

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What can I do if I cannot prove adultery?

If the activity does not fall under the legal definition of adultery, or if you are unable to find evidence of adultery, you may still file for divorce under unreasonable behaviour.

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Does adultery affect my claims for assets and children in divorce?

No. There is a misconception that the innocent spouse will have the upper hand when it comes to division of matrimonial assets, maintenance and children custody issues.  This is not the case at all.  Adultery is only relevant in proving that you are entitled to a divorce.   Adultery does not come into play when the court is deciding on issues of asset division, finances and children custody.

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Can I still rely on adultery if I have forgiven my spouse? .

It is not uncommon for the innocent party to forgive the spouse who has strayed.  People stay together for many reasons.  Sometimes, they recognise that the adultery is not the cause but rather there were already problems with the marriage.  Sometimes, they stay together because of the children. Whatever the reasons, If you live with your spouse as a couple for a period of more than six months after you find out about the adultery, you would not be able to rely on it to seek a divorce.

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RELATED ARTICLES

Unreasonable behaviour in Divorce

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ABOUT PKWA FAMILY LAW

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers. 

Contact us at tel 6854-5336 for a free first consultation. 

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