Many people wonder, is adultery a crime in Singapore? The short answer is no; adultery is not classified as a criminal offence.
Adultery is legally defined as voluntary extramarital sexual intercourse, both heterosexual and homosexual. Section 95(3)(a) of the Women’s Charter, which outlines the laws of monogamous relationships for men and women in Singapore, requires that you can no longer tolerate living with your spouse as a result of their adultery for it to be valid as grounds for Divorce.
Here are nine important facts about adultery in Singapore, including the penalties and legal nuances.
1. Adultery Is Not A Crime
In Singapore, adultery is not classified as a crime. This fundamental fact underscores the legal perspective on marital relationships within the country. Unlike some jurisdictions where adultery may lead to criminal prosecution, Singaporean law treats it as a personal and civil matter rather than a criminal offence.
According to Section 95 of the Women’s Charter, a spouse can file for Divorce based on adultery if they can demonstrate that their partner has participated in an extramarital affair.
However, proving adultery does not lead to criminal charges or penalties; it serves as a basis for civil proceedings, particularly in Divorce cases.
2. There Are No Legal Penalties For Adultery
Since adultery in Singapore is not classified as a criminal offence, there are no legal penalties directly associated with it. This means individuals who engage in extramarital affairs do not face criminal repercussions, such as fines or imprisonment.
While there are no criminal penalties, the consequences of adultery can be significant in the context of Divorce. The spouse who has been wronged may use infidelity as a basis to seek Divorce, which can affect several aspects of the Divorce process, including the division of assets and child custody arrangements.
Although the Courts do not impose penalties for the act itself, they may consider the circumstances surrounding the adultery when making decisions about asset division, alimony, and custody. This can result in a more challenging and adversarial Divorce process for the spouse who committed adultery.
3. Proving Adultery Provides Grounds For Divorce
The only ground the Court considers is the irretrievable breakdown of marriage. Here are the considerations for Divorce in Singapore as outlined in the Women’s Charter:
- Divorce on Mutual Agreement (Effective from 1 July 2024): Spouses can file for Divorce based on mutual consent, simplifying the process for couples who agree to end their marriage amicably.
- Adultery: One spouse can file for Divorce if they can prove that the other spouse has engaged in extramarital relations.
- Unreasonable Behaviour: A spouse may petition for Divorce if the other has behaved so that it is unreasonable to expect them to continue living together.
- Desertion: If one partner has left the other for a continuous duration of at least two years, the partner who remained can initiate Divorce proceedings.
- Separation for 3 Years with Spouse’s Consent: If a spouse has been living apart for at least three years and both consent to the Divorce, the couple can file for Divorce.
- Separation for 4 Years: If one spouse does not consent to the Divorce, the other can file after living separately for four years
To successfully file for Divorce based on adultery, the aggrieved partner must demonstrate that their partner has engaged in extramarital relations and that they find it intolerable to live with their spouse as a result.
This requirement necessitates providing evidence of the adultery, which may include:
- Photographs or video footage of the spouse with another person.
- Text messages or social media communications indicating an affair.
- Witness testimonies from individuals who can confirm the extramarital relationship.
4. You Need Enough Evidence To Prove Adultery
It is essential to provide sufficient evidence that demonstrates the occurrence of extramarital relations. The burden of proof lies with the aggrieved spouse, meaning they must establish that adultery took place and that it has negatively impacted their marriage.
The following types of evidence can be on how to prove adultery in Singapore:
- Documentation: This can include emails, text messages, or chat logs that indicate a romantic or sexual relationship with another person.
- Witness Testimonies: Statements from friends, family members, or acquaintances who have observed inappropriate behaviour or have firsthand knowledge of the affair can strengthen the case.
- Photographic or Video Evidence: Images or videos capturing the spouse engaging in intimate activities with another person can serve as strong proof of adultery.
- Private Investigations: In some cases, individuals may hire private investigators to gather evidence of infidelity. The findings can be presented in Court to support the claim.
5. Adultery Can Impact Asset Division In Divorce
Adultery can significantly affect how marital assets are divided during Divorce proceedings in Singapore. While the law generally promotes equitable distribution of assets, the presence of infidelity can lead to more complicated outcomes.
When determining how to divide assets, the Court may consider the following:
- Conduct of Both Parties: The Court may evaluate the behaviour of both spouses during the marriage, including adultery, when deciding on asset distribution. If one spouse’s infidelity is deemed to have caused significant harm to the marital relationship, the Court may give a larger share of the assets to the non-adulterous spouse.
- Financial Contributions: The Court will consider each spouse’s financial contributions to the marriage. If the adulterous spouse has significantly benefited financially from the marriage, this may influence the asset division.
- Children’s Welfare: If children are involved, the Court will prioritise their welfare. The parent deemed to provide a more stable environment may receive a larger share of the marital assets to support the children’s needs.
6. Adultery May Influence Child Custody Decisions
While it does not automatically dictate custody decisions, evidence of infidelity can influence the Court’s assessment of what arrangement is in the best interests of the child.
The Court will consider several factors related to custody, including:
- Stability of the Home Environment: If the adulterous spouse is engaged in a new relationship that creates instability, this may negatively impact their chances of receiving custody. The Court prioritises a stable and nurturing environment for children.
- Parental Fitness: The Court evaluates each parent’s overall fitness. If adulterous behaviour indicates a lack of responsibility or reliability, it may affect custody arrangements.
- Impact on Children: The emotional and psychological impact of the Divorce and the adulterous behaviour on the children will also be considered. The Court aims to minimise any adverse effects on the child’s well-being.
In cases involving children, the Court may require parents to undergo mediation or counselling to address any issues stemming from the Divorce, including those related to infidelity.
7. Emotional Distress Can Result From Adultery
The revelation of an affair often results in feelings of betrayal, anger, sadness, and confusion. This emotional turmoil can have profound effects on an individual’s mental well-being, leading to issues such as anxiety, depression, and a sense of loss.
Many may wonder what happens if you get charged with adultery, but since it is not a criminal offence in Singapore, the focus shifts to the emotional and relational consequences rather than legal repercussions.
Many individuals find it beneficial to seek professional support, such as counselling or therapy, to help navigate the emotional fallout from adultery. Mental health professionals can provide coping strategies and support systems to assist individuals in processing their feelings and making informed decisions about their future.
8. Social Stigma And Reputation Are Affected By Adultery
Engaging in adultery can lead to social stigma, affecting not only the individuals involved but also their families. In many cultures, including Singapore, infidelity is often viewed negatively, and those involved may face judgment from their peers, family members, and community.
The aggrieved spouse may find themselves at the centre of gossip, while the adulterous spouse may experience alienation or estrangement from social circles. This stigma can complicate personal and professional relationships, leading to isolation and further emotional distress.
Open communication with trusted friends and family members can provide support and understanding, while professional counselling can help individuals work through feelings of shame or guilt associated with the situation.
9. Infidelity Can Complicate Future Relationships
Trust is an important aspect of any healthy relationship, and infidelity can erode this essential element, making it challenging for the adulterous spouse to rebuild trust with future partners.
Unfaithful individuals may grapple with guilt and fear of judgment in subsequent relationships. They may struggle to establish open and honest communication, leading to insecurity and anxiety about repeating past mistakes. On the other hand, the aggrieved spouse may also face challenges in forming new relationships, as past betrayals can create apprehension about trust and vulnerability.
It’s crucial for both parties to engage in self-reflection and healing before pursuing new relationships. Understanding the underlying issues that contributed to the infidelity can help individuals avoid repeating similar patterns. Seeking support from friends, family, or mental health professionals can facilitate the healing process and promote healthier relationship dynamics in the future.
What if I Can’t Prove My Spouse Cheated?
If you can’t find proof of adultery or the Court decides you have insufficient evidence, you may still be able to get a Divorce using other legal grounds. Many Singaporeans choose to cite improper association with another person, which comes under the broader legal grounds of unreasonable behaviour.
The improper association is typically easier to prove in court and may negate the time and cost associated with hiring a private investigator.
Conclusion About Adultery In Singapore
At Tembusu Law, we have years of experience as family and divorce lawyers in Singapore. We understand how hard it can be for the victim, which is why we work hard to ensure you are supported throughout the process and get the best possible outcome.
If you need assistance with criminal matters as well, our criminal lawyers in Singapore are also here to help.
Contact us today to find out more.
Frequently Asked Questions About Adultery In Singapore
What Happens If You Get Charged With Adultery?
Since adultery is not a criminal offence in Singapore, there are no charges or legal penalties. The consequences are primarily civil and may affect Divorce proceedings.
How Can I Prove Adultery In Singapore?
To prove adultery, you need to gather evidence such as photographs, text messages, or witness testimonies that demonstrate your spouse’s extramarital relationship.
How Does Adultery Impact Asset Division During Divorce?
Adultery can influence asset division during Divorce, as the Court may consider the conduct of both parties when determining how to split marital assets.
Can Adultery Affect Child Custody Arrangements?
While not a determining factor, evidence of adultery may influence child custody decisions, especially if it impacts the stability of the home environment.
