{"id":38355,"date":"2017-08-01T15:24:43","date_gmt":"2017-08-01T07:24:43","guid":{"rendered":"https:\/\/glutenfreepleasure.com\/__proxy_domain\/www.singaporedivorcelawyer.com.sg\/?p=4059"},"modified":"2023-09-25T17:22:20","modified_gmt":"2023-09-25T09:22:20","slug":"divorcing-cheating-spouse","status":"publish","type":"post","link":"https:\/\/glutenfreepleasure.com\/__proxy_domain\/www.singaporedivorcelawyer.com.sg\/divorcing-cheating-spouse\/","title":{"rendered":"Divorcing a Cheating Spouse"},"content":{"rendered":"

Divorce is a difficult journey, more so when it stems from adultery. In Singapore, the process of legally proving adultery for divorce has its complexities and specific requirements.<\/p>\n

This guide seeks to shed light on these challenges. By addressing the pressing questions many face, we aim to simplify the understanding of how to “Prove Adultery for Divorce Purposes in Singapore<\/em>” and navigate the legal landscape more confidently.<\/p>\n

Understanding the procedures for adultery divorce FAQ`s<\/p>\n

What happens when my spouse cheats on me?<\/h2>\n

When your spouse has sexual intercourse with someone of the opposite sex, and you find it intolerable to live with him\/her anymore, you may rely on the fact of his or her adultery to file for a divorce.<\/p>\n

Read more: Adultery Or Improper Association?<\/a><\/strong><\/p>\n

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If your spouse commits adultery, will you be given custody of your children?<\/h2>\n

In Singapore, the issue of adultery does not automatically determine child custody outcomes. The primary consideration for the court when deciding on child custody matters is the welfare of the child.<\/p>\n

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Child’s Welfare is Paramount<\/h3>\n

: The overriding principle in Singapore’s family law regarding child custody is the “welfare principle.” This means that all decisions made by the court concerning the child will prioritize the child’s welfare and best interests.<\/p>\n<\/div>\n

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Adultery and Child’s Welfare<\/h3>\n

: While adultery can be a fact for divorce, it does not automatically lead to a favourable custody decision for the non-adulterous spouse. <\/p>\n

The court will consider factors such as each parent’s ability to care for the child, the existing caregiving arrangements, and the child’s own wishes (especially if the child is old enough to express an informed opinion).<\/p>\n<\/div>\n

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Conduct of Parties<\/h3>\n

: While the court’s primary consideration is the welfare of the child, it can consider the conduct of both parties if it’s relevant to their parental responsibility.<\/p>\n

This means that if the adulterous behavior of a spouse puts the child’s well-being at risk (e.g., if the adulterous relationship was with someone harmful or if it led to neglect of the child), it could potentially influence the court’s decision on custody.<\/p>\n

However, mere adultery, without other detrimental impacts on the child, is unlikely to be a significant factor in custody decisions.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

Read more: Misconceptions Concerning Child Custody in Singapore<\/a><\/strong><\/p>\n

Are you married for more than 3 years?<\/h2>\n

This requirement is put in place to ensure that newly married couples have invested enough effort into their relationship, by disallowing couples to file a writ for divorce within the first 3 years of marriage. Only exceptional cases are allowed to skip this 3 years time requirement.<\/p>\n

Read more: Exploring the Options for Marriages Under 3 Years<\/a><\/strong><\/p>\n

What if I married overseas?<\/h2>\n

You can still commence proceedings based on adultery if your or your spouse is a Singapore citizen or has been living in Singapore for the past 3 years.<\/p>\n

Read more: Divorcing A Foreign Spouse<\/a><\/strong><\/p>\n

How do I prove that my Spouse has committed Adultery?<\/h2>\n

There is only one sole ground for divorce which is the irretrievable breakdown of a marriage proven by one of five facts of divorce, one of which is where a spouse has committed adultery and the other spouse finds it intolerable to live with him or her.<\/p>\n

There are several ways to prove adultery:<\/p>\n