Adultery often causes emotional pain and upheaval in families. Legally, it raises many questions: Is adultery a criminal offence in Singapore? What consequences does it bring under family law? How have recent legal reforms changed the landscape?
This guide by ACEPI explains what adultery means under Singapore law, how it affects divorce and related legal matters, and what steps you can take if you are facing suspicion of infidelity. You will also learn what evidence is admissible in court and how to protect your rights through professional guidance.
What is Adultery under Singapore Law
Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Emotional affairs or flirtations without physical intimacy do not qualify as adultery under Singapore’s laws.
Under Section 95(3)(a) of the Women’s Charter, a spouse may use adultery as a fact to prove irretrievable breakdown of the marriage, provided the adultery is established, and that they find it intolerable to live with the other spouse.
Is Adultery a Criminal Offence
Adultery is not criminalised in Singapore. There are no penalties such as fines, imprisonment, or prosecution for adultery itself. It remains a civil matter governed by family law.
However, if the affair involves related offences such as harassment, trespass, or unlawful data access, criminal charges may arise separately.
Divorce Law in Singapore: The Legal Grounds
Traditional Grounds (Before 2024)
Until July 2024, couples seeking a divorce had to rely on one of five grounds under Section 95(3) of the Women’s Charter to show irretrievable breakdown of the marriage:
- Adultery and intolerability
- Unreasonable behaviour
- Desertion for at least two years
- Separation of three years with consent
- Separation for four years without consent
New Option: Divorce by Mutual Agreement (DMA)
From 1 July 2024, Singapore introduced a sixth ground known as Divorce by Mutual Agreement of Irretrievable Breakdown of Marriage (DMA). This option allows couples to end their marriage jointly without assigning blame, making the divorce process less acrimonious and more collaborative.
Couples must submit a written agreement that outlines their efforts to reconcile and their proposed arrangements for finances and children.
Burden and Standard of Proof for Adultery
Who Must Prove Adultery
The spouse relying on adultery must prove both the act of adultery and that it has made continued cohabitation intolerable.
Standard of Proof
Courts require strong and credible evidence, often beyond mere suspicion, before concluding that adultery has occurred. Though the standard is “on the balance of probabilities,” in practice, judges expect robust proof due to the seriousness of the allegation.
Accepted Forms of Evidence
- Licensed private investigator reports and surveillance logs
- Hotel, travel, or credit card records
- Text messages, call logs or GPS data
- Witness statements
- Confession or admission by the spouse
If you require lawful and confidential assistance to collect evidence, you may engage a professional adultery investigation service. Working with licensed private investigators ensures that the evidence is obtained ethically and remains admissible in court.
Time Limits and Procedural Rules
- Six-Month Rule: After discovering adultery, the petitioner must file for divorce within six months. Continued cohabitation beyond this period can weaken the claim.
- Minimum Marriage Duration: There is generally a three-year minimum before filing for divorce, except under exceptional hardship.
- Family Justice Rules 2024: Recent updates have streamlined procedures, ensuring faster resolution and reduced costs.
Effects of Adultery in Divorce Proceedings
Custody and Care of Children
The child’s welfare is the paramount consideration. Adultery does not automatically affect custody, but if the affair harms the child’s well-being, the court may take it into account.
Division of Matrimonial Assets
Adultery rarely influences how assets are divided. Courts mainly consider financial and caregiving contributions.
Maintenance (Alimony)
While adultery may be a factor, it is not decisive. The court evaluates all circumstances, including the parties’ needs and conduct.
Legal Costs
If adultery is proven, the offending spouse may be ordered to pay the other party’s legal costs, including investigator expenses.
Comparison: Singapore and Other Jurisdictions
- In some countries, adultery remains a criminal offence; in Singapore, it does not.
- Singapore also does not recognise civil claims against third parties for adultery (e.g. alienation of affection).
- The global trend toward no-fault divorces aligns with Singapore’s 2024 DMA reform.
Emotional, Ethical and Practical Considerations
Adultery cases are not just legal but deeply personal. Emotional pain, privacy concerns, and the cost of legal proceedings can weigh heavily.
Before taking action, consider mediation or counselling. Many couples benefit from therapy even when separation remains the ultimate choice. If the affair is confirmed, think carefully about timing and next steps.
Steps to Take If You Suspect Adultery
- Stay Calm: Avoid confrontation or rash actions.
- Record Observations: Keep private notes of suspicious activity.
- Preserve Digital Evidence: Save text messages, emails or photos discreetly.
- Seek Legal Advice: A family lawyer can clarify your rights and options.
- Hire a Licensed PI: Engage a professional for lawful and ethical evidence collection.
- Consider Counselling: Support for emotional clarity is vital.
- Plan for the Future: Assess whether to proceed with divorce or a mutual agreement.
If you are unsure where to start, contact us today for confidential advice on gathering lawful evidence and safeguarding your interests.
Recent Legal Developments in 2024–2025
- Divorce by Mutual Agreement (DMA): Introduced in July 2024, enabling no-fault divorces.
- Mandatory Co-Parenting Programme (CPP): Extended to more couples with children below 21 years.
- Family Justice Rules 2024: Simplified procedures to speed up case resolution and enhance accessibility.
Conclusion
Adultery is not a crime in Singapore, but it can have serious legal consequences under civil law, particularly in divorce proceedings. While proving adultery requires clear and convincing evidence, recent changes like the Divorce by Mutual Agreement ground allow couples to end marriages amicably without blame.
If you suspect infidelity, act prudently: seek professional guidance, gather evidence lawfully, and prioritise emotional well-being. For confidential assistance in obtaining admissible proof and protecting your rights, speak with an expert.
Frequently Asked Questions
No, Singapore law does not allow civil lawsuits against third parties for adultery.
Not automatically; courts prioritise the welfare of children and fair division based on contributions.
Evidence from a licensed PI, such as photos or reports, is commonly used.
It may be considered, but it is not the sole factor.
If you resume living together for more than six months, you may lose the right to use adultery as grounds for divorce.
The court requires proof, either direct or circumstantial.
If you continue cohabiting for more than six months, it may be interpreted as forgiveness and weaken your case.
You may file on other grounds, such as unreasonable behaviour, separation, or the new Divorce by Mutual Agreement option.