Navigating the turbulent waters of a relationship breakdown is never easy. When trust is broken, you might hear the words “infidelity” and “adultery” used.
But what is the actual difference between them, especially in the eyes of the law in Singapore? Understanding the distinction between infidelity vs adultery is important, particularly if you are considering a Divorce.
What Is Adultery in the Eyes of the Law?
In Singapore, the law has a very specific and narrow definition of adultery. It is not just about a partner being unfaithful in a general sense.
For the Court to legally recognise adultery as a reason for Divorce, there must be clear proof of sexual intercourse between a married person and someone who is not their spouse. This is a high bar to meet. It means that flirtatious messages, secret dinners, or even a deep emotional connection with another person do not legally count as adultery.
What is Infidelity: The Broader Betrayal
Infidelity, on the other hand, is a much broader and more personal term. It covers the wide spectrum of betrayals that can shatter trust in a relationship. This could be anything from a one-time physical act to a prolonged emotional affair conducted online.
While infidelity can be just as painful and damaging as adultery, it does not have the same specific legal standing in a Divorce proceeding.
So, when considering the infidelity vs adultery meaning, remember that adultery is a precise legal action, while infidelity captures any act of unfaithfulness.
Infidelity vs Adultery in Divorce: The Key Differences Enumerated
So, how does the infidelity vs adultery situation play out in a Singaporean Court? The distinction is crucial for your Divorce strategy. Here are the key differences:
The Role in Divorce Proceedings (Direct Ground vs. Supporting Example)
- Adultery: It is a standalone and direct ground for proving the irretrievable breakdown of a marriage in Court. If you can prove it, you have established your reason for the Divorce.
- Infidelity: It is not a direct ground for Divorce. Instead, acts of infidelity are used as examples to support the legal ground of “unreasonable behaviour.” You must prove that your spouse’s infidelity constitutes behaviour so unreasonable that you cannot be expected to continue living with them.
The Standard of Proof (High and Objective vs. Subjective)
- Adultery: The standard of proof is high. You need to provide the Court with evidence that leads to an inference of sexual intercourse. This is an objective standard that requires strong, corroborating evidence.
- Infidelity: The standard of proof is more subjective. You need to show that the behaviour occurred and that it had a certain emotional or mental effect on you, making cohabitation intolerable. The focus is on the impact of the behaviour on you.
The Legal Time Limit (The “Six-Month Rule”)
- Adultery: There is a very specific time limit that applies. If you discover the act of adultery and continue to live with your spouse in the same household for more than six months, you are deemed to have condoned the act and can no longer use it as your reason for Divorce.
- Infidelity: This strict six-month rule does not apply when citing infidelity as part of unreasonable behaviour. While the Court might question a long delay in filing, there is no automatic cut-off point.
Involving the Third Party in Legal Proceedings
- Adultery: When you file for Divorce on the grounds of adultery, you have the legal option to name the third party as a “co-respondent” in the Divorce suit. This makes them a formal party to the proceedings.
- Infidelity: When you cite infidelity as an example of unreasonable behaviour, you will describe your spouse’s actions with the third party, but that person is not formally named as a co-respondent in the same way. The focus remains solely on the behaviour of your spouse.
Conclusion About Infidelity vs Adultery
To put it simply, what is infidelity vs adultery? Adultery is a specific legal ground for Divorce requiring proof of sexual intercourse. Infidelity is a general term for cheating that, while emotionally devastating, is legally used as an example of unreasonable behaviour rather than as a standalone reason for Divorce.
Navigating the legal complexities of a Divorce can be overwhelming, especially when dealing with the emotional fallout of a broken relationship. It’s important to have a clear understanding of your rights and options.
If you are facing a potential Divorce, seeking professional legal advice is a sensible next step. For the best divorce lawyer in Singapore, contact our team at Tembusu Law for a free discovery call.
Frequently Asked Questions About Infidelity vs Adultery
Can I Get A Divorce For Emotional Infidelity?
While emotional infidelity can be deeply hurtful, it is not considered adultery under Singapore law. However, you may be able to file for Divorce based on your spouse’s “unreasonable behaviour” and cite the emotional affair as an example of this behaviour.
Do I Have To Name The Third Party In An Adultery Divorce?
It is not a requirement to name the third party involved in the adultery. In fact, it is often advisable not to, as it can complicate the proceedings and may not result in a better outcome for you.
Will Adultery Affect Child Custody And Division Of Assets?
The Court’s primary consideration in child custody matters is the child’s best interests. A parent’s adultery will generally not affect their custody rights unless their behaviour is shown to be harmful to the child. Similarly, the division of matrimonial assets is typically not affected by who was at fault for the breakdown of the marriage.
What Kind Of Evidence Do I Need To Prove Adultery?
Proving adultery can be challenging. You will need to provide the Court with evidence that, on the balance of probabilities, shows that sexual intercourse took place. This could include a confession from your spouse, evidence from a private investigator, or the birth of a child outside of the marriage.
Is There A Time Limit To File For Divorce Based On Adultery?
Yes, if you continue to live with your spouse for more than six months after you have discovered the adultery, you can no longer use it as a reason for Divorce.
