What Is Considered Adultery For Divorce in Singapore? While adultery is a popular cause for divorce in Singapore, the process of filing a divorce for infidelity is complex. There are some aspects the plaintiff has to consider before initiating the procedure of divorce.
The plaintiff may lose the court case if she/he can’t provide clear evidence proving the infidelity act of the spouse. It makes filing for divorce on the basis of adultery a difficult task. The plaintiff has to convince the judge that the adultery has really occurred.
She/he can make it by providing videotapes or photographs of the intercourse. Also, intimate photos with the spouse kissing or spending time in a hotel together in a third person are also acceptable evidence.
The judge may also deem reasonable evidence of SMS chatting and phone conversations between the defendant and the third party.
Though they might prove some connections between the defendant and his/her extramarital lover, SMSes don’t have such power as sex tapes. So, the plaintiff is always better off providing video evidence of the intimate act.
If the spouse continues to live with the cheating husband/wife more than 6 months after adultery, a divorce request is unacceptable. Even with conclusive evidence at hand, the plaintiff will not be able to file for divorce if the 6-month limit has expired.
The court will consider that the betrayed spouse is ok with the thought that the husband or wife has cheated on them.
Extramarital relations with a person of the same gender don’t fall under the adultery for divorce law. The betraying spouse has to engage in intimate acts only with a person of the same sex for the divorce request to be acceptable.
A person can file for adultery for divorce in Singapore after 3 years of marriage. That is if the person has evidence of cheating spouse, but the marriage lasts for 1 year, the divorce request is unacceptable. The betrayed spouse will have to seek out other ways of filing for divorce.
If filing for divorce on the basis of adultery is impossible, the person can accuse the spouse of unreasonable behavior. The plaintiff will find it easier to prove the spouse’s unreasonable behavior than his or her infidelity.
As it doesn’t imply providing videotapes and photos of the sexual intercourse or other intimate interactions. Unreasonable behavior is about a spouse’s behavior that is morally unacceptable for the plaintiff and he/she can’t live with it.
Oftentimes it goes around “improper associations” with a third person. This term doesn’t necessarily imply sexual relations and intimate interactions like kissing. It may be flirting or chatting with a third party detrimental to spending time with the spouse.
The plaintiff may also adduce the fact of lacking affection and feeling alone. Sometimes though, unreasonable behavior goes beyond love and affection. It may touch daily domestic problems.
These include: refusing to help around the house, domestic violence, alcoholism, addictive gambling.
According to Singapore divorce law, the cheating spouse has to pay fees to the plaintiff. If the plaintiff wins the case by proving the adultery act, he/she has the right to receive payments from husband/wife. The defendant will have to pay both moral damage fees and for hiring an investigator.
The matter of children’s custody after divorce has nothing to do with the adultery of one spouse. That is, the cheating spouse still preserves the chance to receive the custody of kids. The court will pay little to no attention to the extramarital wrongdoings of one of the spouses.
It will base its decision on which of the divorce parties is able to provide the child with better conditions.
Filing for divorce on the basis of adultery has some points for the plaintiff to follow. The betrayed spouse has to bring clear evidence that the sexual intercourse has taken place. He/she can also provide conclusive intimate photos and conversations between the cheater and the third party.
The plaintiff has to file for divorce within the first 6 months after the adultery act. Also, filing for divorce on the grounds of infidelity is possible only after 3 years of marriage.