When your love life turns from a bicycle to a tricycle: Adultery in Singapore
- adultery has taken place; and
- that it is intolerable to live with your spouse because of the adultery
If these two conditions are met, it would indicate that your marriage has irretrievably broken down and you can file for divorce.
(i) Proving Adultery Has Taken Place
Proving that adultery has occurred usually relies on direct and circumstantial evidence of your spouse having the intent and opportunity to commit the act, this is usually substantiated by evidence as shown below:
- 1) Confession
- A Confession would amounts to direct evidence of adultery in the Court of Law and is the best possible proof that your spouse has committed adultery if he or she confesses to it. It must be noted that an adulterer cannot use evidence of their own adultery to file for divorce. It is unlikely that your spouse would come out and openly say that he or she has been cheating on you. As such, other forms of indirect evidence can be used to prove your spouse’s adultery.
- 2) Visual Evidence
- Photographs and videos of your spouse engaging in sexual intercourse with a third party can be used to incriminate them and be used in the Court of Law as evidence of adultery. Evidence of this nature might be difficult to obtain. You can obtain these videos and images by hiring a Private Investigator (PI).
- 3) Text Messages, Emails, Letters & Phone Calls
- Text messages, email correspondence, letters and phone call recordings can be used to incriminate your partner as having committed adultery. However, you must be aware of several things when using digital evidence as proof.
- You will need to authenticate the evidence before presenting it to a Court of Law by proving that your partner was the one who wrote the message. Some ways you can do this is by getting your partner to agree that they had sent out the message or eyewitnesses (if any) to authenticate the validity of the message. The reason why you need to authenticate the validity of the messages is that your spouse can claim that his mobile phone or computer had been tampered with. Due to this, a Court of Law may be reluctant to use this digital evidence as evidence, even if it came directly from your spouse’s mobile device or computer.
- 4) Testimonies
- You can also prove your spouse’s adultery by getting written testimonies from people who might have witnessed your partner behaving intimately with a third party. This can include testimonies from a hotel or restaurant staff or even mutual friends that may have caught them in the act.
- What is important is that adultery can be proven indirectly by showing that there was an opportunity for your spouse to have committed sexual intercourse or in the company of someone to participate in sexual relations under the given circumstances.
- 5) Records
- Similar to a written testimony, any recorded material such as hotel receipts, credit card bills, travel records can be used as evidence to incriminate your partner for adultery. As long as there is an opportunity for your spouse to have committed adultery, these records can be used to against him or her in Court.
- 6) Love Child
- If there is an illegitimate child between your partner and the third party, it can be used as evidence for adultery, and you can file a divorce suit.
Alongside having to prove that your spouse had committed adultery, you will also need to prove that it has become intolerable to now live alongside your spouse to the Court. This is usually not hard to prove as you will only be required to show that as a result of your spouse’s ex-marital affair, it has become extremely unbearable for you to now live under the same roof as your spouse. A good divorce lawyer in Singapore can assist you in proving this.
What if I Can’t Prove That Adultery Has Taken Place
Implication of Divorce by Adultery
How Can We Help You