What Legally Constitutes As Adultery In Singapore?
Adultery is a deeply sensitive and complex issue that can have profound legal and personal consequences. In Singapore, the legal definition of adultery is crucial, especially in matters involving divorce or other legal actions.
In this article, we will explore what legally constitutes as adultery in Singapore, the potential legal implications, and how a Singapore private investigator can assist in cases of suspected adultery.
The Legal Definition of Adultery in Singapore
The legal definition of adultery in Singapore is “voluntary sexual intercourse between a married person and another person who isn’t their spouse”.
Adulterous acts, when caught, can serve as a legitimate reason to divorce a spouse under the grounds of an “irretrievable breakdown of marriage”.
The aggrieved spouse or victim must first prove adultery before the Court accepts this reasoning. According to Section 95 of the Women’s Charter, the spouse or plaintiff must be able to prove the marriage has broken down through the following:
The plaintiff finds it intolerable to live with the defendant (cheating spouse) due to adultery.
The plaintiff cannot live together with the defendant due to unreasonable behaviour.
The defendant has left the plaintiff without warning for two consecutive years
The parties to the marriage have been separated for at least three (or four) years
What Is Considered Adultery?
Claims of adultery may be difficult to prove, which is why the Court heavily emphasises the importance of solid proof and evidence of an adulterous relationship.
An act can only be determined adulterous if it involves voluntary extramarital sexual intercourse. It doesn’t matter if the third party is married. So long as the defendant has engaged in a consensual sexual relationship with someone else, it is still adultery.
Legal Implications of Adultery in Singapore
Adultery can have various legal implications in Singapore, including:
Divorce: Adultery can be grounds for divorce in Singapore. If one spouse can provide sufficient evidence of adultery, it may be used as a reason for divorce.
Child Custody: In cases involving children, the court may consider the moral fitness of a parent who has committed adultery when determining child custody arrangements.
Alimony and Property Division: The court may consider adultery when deciding on alimony and the division of marital assets. The financial consequences can vary based on the specific circumstances of the case.
Civil Lawsuits: Adultery can result in civil lawsuits, such as a claim for damages in the case of a third party being involved.
How Can You Prove Adultery?
We’ve already established that the Court places the burden on the victim to prove adultery. This process could go either one of two ways:
The cheating spouse has admitted to the claim of adultery and has willingly shown solid proof of the act
The aggrieved spouse has irrefutable evidence of adultery
Adulterers rarely admit to the act. And when they do, they might not necessarily reveal the whole truth.
Meanwhile, collecting evidence may be emotionally laborious for the aggrieved party. If they cannot collect evidence on their own, they may seek the services of a private investigator to do so.
Types Of Evidence Of Adultery
Evidence can come in the form of many mediums. One source of irrefutable proof is video evidence of the adulterous relationship.;
The Court may also accept as evidence if the spouse can prove their partner was inclined to commit adultery.
For example, they could provide photographic evidence of the adulterers in sexual positions. Again, you may need a private investigator to take photographs of the adulterous act.
Other forms of communication can also serve as evidence of adultery. The spouse can show intimate exchanges of the adulterers through SMS or email.
However, the most definitive proof of indirect adultery is the existence of a lovechild. If the extramarital affair has borne a child and DNA evidence strongly shows they are the son or daughter of the cheating spouse, it makes a strong case against adultery before the Courts.
What Happens If You Can’t Get Sufficient Evidence Of Adultery?
If you’re having difficulty proving adultery or don’t have the means to hire a private investigator, don’t despair. You can still file for divorce based on your spouse’s unreasonable behaviour.
Proving unreasonable behaviour is easier because it does not require the plaintiff to show solid evidence. The plaintiff can instead use “improper associations” with a third party as the basis of unreasonable behaviour.
How a Singapore Private Investigator Can Help?
If you suspect that your spouse is committing adultery and you require evidence for legal or personal reasons, a Singapore private investigator can play a crucial role. Here's how they can assist:
Surveillance: Private investigators can discreetly monitor and record the activities of the suspected adulterous spouse. This can include photographic or video evidence.
Gathering Evidence: They can gather evidence such as photographs, videos, and witness statements to substantiate claims of adultery.
Witness Interviews: Private investigators can interview witnesses who may have information about the alleged affair.
Adherence to Legal Standards: Professional private investigators operate within the bounds of the law, ensuring that the evidence they collect is admissible in court, if needed.
Adultery In Singapore
Understanding what legally constitutes as adultery in Singapore is essential, especially when it comes to potential legal actions such as divorce, child custody, and property division. If you suspect your spouse of committing adultery and require evidence, it's advisable to consult a professional, such as a Singapore private investigator.
They can provide the expertise and discretion needed to gather evidence within the boundaries of the law, helping you make informed decisions about your legal or personal situation. Remember that the legal system in Singapore treats adultery seriously, and it's essential to navigate such matters with care and professional guidance.