How to prove adultery

Published on June 30, 2016

Proving adultery for the purpose of divorce

According to section 95(3)(a) of the Women’s Charter, a divorce can be granted, based on grounds of adultery, for a marriage that is at least 3 years old. (See here for divorces within 3 years of marriage) Adultery must first be proven, and the applicant must also prove that it is intolerable for him or her to live with his or her spouse. Conventionally, voluntary extramarital sex constitutes adultery. It is immaterial whether the third party is married as well. In addition, it is also possible for extramarital homosexual affairs to constitute adultery.

Evidence of adultery

An applicant who files for divorce must adduce evidence proving that adultery has taken place. To do this, he or she may secure irrefutable proof, such as video evidence of the act. Alternatively, the inclination and opportunity to commit adultery may also be adduced as evidence. The plaintiff may try to provide proof showing that his or her spouse had both the intention and the opportunity to commit the act. For instance, this could include photographs of the adulterers in intimate poses, or the spending of time together in a hotel. To secure such evidence, it may be essential for the plaintiff to engage the services of a private investigator. (see also Hiring a Private Investigator in Singapore)

Alternatively, SMSes, email exchanges or phone conversations may also be used as evidence to prove the case. Additionally, the existence of a lovechild is a pivotal piece of indirect evidence of adultery. Ultimately, the best possible proof is a confession by the defendant confessing to his or her adultery, which amounts to direct evidence of adultery.

An adulterer cannot use evidence of his or her own adultery to file for divorce. Also, pursuant to section 95(5)(b), if the innocent party continues to live together with the adulterer for more than six months without commencing divorce proceedings, the adultery can no longer be grounds for divorce. Generally, the adulterer is usually ordered to pay the court fees if he or she loses in the proceedings.

Need to collect evidence of adultery? Use our “Find a Private Investigator” service to get in touch with our partnering private investigating firm.

Before getting a divorce
  1. Overview of how to get a divorce
  2. How to get a divorce within 3 years of marriage
  3. What are the legal grounds for getting a divorce?
  4. Separation in Singapore
  5. Practical preparations for a divorce
  6. 3 Finance Questions To Ask Before a Divorce
Other divorce matters
  1. Divorce Mediation in Singapore
  2. What happens to your HDB flat after an annulment?
  3. Personal Protection Orders (PPOs), Expedited Orders (EOs) and Domestic Exclusion Orders (DEOs) in Singapore
  4. Prenuptial agreements in Singapore
  5. Annulment of Marriage in Singapore
  6. Case Study - Love conquers all: The divorce that didn’t happen
Proving irretrievable breakdown of marriage
  1. How to prove adultery
  2. How to prove unreasonable behaviour
  3. How to prove separation
Application for Divorce Part I: Dissolution of marriage
  1. Procedure for dissolution of marriage
  2. Divorce Application: What to do if your spouse cannot be found
  3. Contested vs Uncontested Divorce in Singapore
Application for Divorce Part 2: Ancillary Matters (Maintenance, Assets, Custody)
  1. Procedure for ancillary matters
  2. What happens to gifts between spouses when a marriage breaks down?
  3. Maintenance of spouse in a divorce
  4. The Guide to Child Custody, Care and Control, and Access in Singapore
  5. How does the Court divide matrimonial assets in a divorce?
Post-divorce
  1. What happens to your HDB flat after divorce?
  2. Variation of Maintenance Order in Singapore
  3. What happens if your ex-spouse does not give you access to your child?
  4. What happens if your ex-spouse does not provide maintenance?
Getting a Divorce Lawyer
  1. The Complete Guide to Choosing a Good Divorce Lawyer in Singapore
  2. Divorce Lawyers in Singapore
  3. Child Custody Lawyers In Singapore
Expatriate Divorce
  1. Can foreigners divorce in Singapore?
  2. Immigration Issues for Divorcing Expatriates
  3. International child abduction in a cross-border divorce
  4. Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction
Muslim or Syariah Divorce
  1. Muslim Divorce in Singapore