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Finding out your partner’s infidelity can be a harrowing experience. However, it is crucial to have a good understanding of the available options to navigate the complex legal and emotional issues that often follow.
Adultery is a legally recognized reason for divorce in Singapore, and it is best for people to comprehend the legal implications and various courses of action before making any final choices.
In this blog, we will look at the legal issues of adultery in Singapore, the effects of infidelity on divorce processes, and the many options accessible to people in such situations. We will also talk about the essential function of consulting a lawyer and why getting legal guidance may be mandatory at this challenging time.
What Are The Legalities Of Adultery In Singapore?
In Singapore, adultery is considered a form of marital misconduct in the context of family law. The Women’s Charter, the primary legislation governing family matters in the country, recognizes adultery as a ground for divorce.
According to section 95(3)(a) of the Women’s Charter, the meaning of adultery must meet two requirements: firstly, one must present evidence of adultery, and secondly, one must establish that living with the other party is unbearable.
Per the legal definition provided by the Women’s Charter, adultery is identified as voluntary sexual intercourse between a married individual and a person who is not their spouse.
Therefore, any sexual activity that doesn’t involve intercourse is not considered adultery although it could possibly constitute unreasonable behaviour.
Moreover, adultery can only be used as a reason for divorce if one or both spouses are involved in the extramarital affair. If a third party is involved, but the married couple is not engaging in sexual relations outside the marriage, adultery cannot be cited as grounds for divorce.
Adultery is considered fault-based grounds for divorce, along with desertion, unreasonable behavior.. If adultery is proven, it can impact the division of assets, custody of children, and spousal maintenance during the divorce proceedings. The court may consider the misconduct when making decisions in these areas.
What Legal Steps Can I Take After My Spouse’s Infidelity?
When faced with a case of adultery in Singapore, individuals have several courses of action to consider, each with its own legal and emotional implications:
Divorce
The Women’s Charter recognizes adultery as a valid reason for divorce. To file for divorce based on adultery, the person seeking the divorce must prove that adultery occurred and that it has made it impossible to live with their partner.
If the other party does not agree to the allegations, the divorce can become contested and may involve presenting evidence in court.
However, Singapore also has a no-fault divorce system where one can obtain a divorce without proving misconduct if the marriage has irretrievably broken down.
Separation
Partners have the option to separate instead of pursuing divorce. Such an option involves living apart and potentially privately arranging separate finances but does not require court approval.
Separation allows individuals to evaluate their emotions and potentially reconcile with their partner without the complications of divorce proceedings. The spouses make it a personal decision to live apart while maintaining their legal marital status.
Reconciliation
Reconciliation entails both couples working together to rebuild their marriage following adultery. It requires communicating openly, obtaining professional assistance or counseling, and addressing any deeper concerns connected to the adultery.
Reconciliation is a personal decision both spouses make to heal their marriage and is not a formal process. The appropriate course of action in an adultery case significantly depends on one’s particular circumstances and inclinations.
It is generally advisable to consult with a family lawyer to learn more about the legal consequences of each option and to seek advice on the most suitable approach according to the unique scenario.
Is Hiring A Lawyer Necessary?
Adultery is a highly emotionally complicated subject, and it is critical to carefully explore all choices before settling on any decisions. In Singapore, a family lawyer may be necessary to provide direction and assistance throughout the legal process in situations involving adultery.
Speaking with a family lawyer will help individuals fully understand the legal ramifications of infidelity. Adultery is regarded as a kind of marital misconduct in Singapore family law, and it is regarded as a reason for divorce under the Women’s Charter. Bethel Chambers’ family lawyers may assist clients in establishing adultery in court and the potential implications on divorce processes.
The firm’s legal team can guide clients in effectively managing emotions, making educated decisions, and dealing with the legal procedure. We will work tirelessly to help advocate your legal rights and interests every step of the way.
Conclusion
When confronted with discovering your spouse’s infidelity, understanding the legal consequences and the different options is critical. Adultery is a legal divorce basis in Singapore, and the Women’s Charter provides strict conditions for proving adultery.
Ideally, it’s best to consult with a family lawyer to help you understand the legal difficulties that come with adultery cases. Throughout the process, a family lawyer can provide helpful counsel, assess particular situations, and act to protect legal rights and interests. The family lawyers at Bethel Chambers are committed to offering help and advocacy during this difficult time.
