Is adultery a ground for divorce?

What the Law Says

The Women's Charter sets out the legal grounds on which a person may file for divorce in Singapore. Adultery is one of the five facts that can prove the marriage has broken down irretrievably — but only if the petitioner finds it intolerable to live with the respondent.

To rely on adultery as a ground for divorce, the petitioner must show that the respondent has committed adultery and that the petitioner finds it intolerable to live with the respondent. It is not enough that adultery occurred — the petitioner’s subjective view of intolerability is essential.

The law also requires that the couple has been married for at least three years before filing for divorce, unless the court grants special permission (e.g., in cases of exceptional hardship or depravity).

Adultery must be proven on a balance of probabilities — meaning it must be more likely than not that it occurred. Evidence such as messages, photographs, witness accounts, or admissions may be used.

Statutory Text

The marriage has broken down irretrievably if — (a) the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

— Women's Charter, s. 95(3)(a) — Grounds for divorce

What to Do

Sources