Under Singapore law, adultery is defined as voluntary sexual intercourse between a married person and someone who is not his or her spouse. Such act may be used as a legitimate reason to file for divorce. The court must examine allegations of adultery thoroughly, however, as it is possible for false accusations to be made. Therefore, the court will need substantial evidence that a spouse was indeed unfaithful before deeming it grounds of an "irretrievable breakdown of marriage."
If you wish to get divorced based on this ground, you must apply for divorce within six months of becoming aware that your spouse was unfaithful. As a requirement, either the spouse needs to admit to the claim of adultery, or there must be indisputable evidence that the other party has been having an affair.
A person who has recently discovered that his or her spouse has been unfaithful may do things against the law. He or she may allow feelings of anger, fear, hurt, and even a desire for revenge to cause them to do things they will regret later on. In such event, it is important to be aware of things you should not do.
Whether you eventually decide to salvage your marriage or leave your spouse, below are some very important tips to keep in mind. Disregarding any of the following could potentially sabotage the course of legal action you will eventually choose to take:
Professional social worker Dr. Terence Yow interviewed 227 people who searched for counselling and family service centres after finding out about their spouse's infidelity. The interview, published in The Straits Times in 2013, stated that one in four men sought help after learning that their wives were unfaithful.
Dr. Yow's findings are similar to the observations of divorce lawyers and marital counsellors, who reportedly see more and more men with unfaithful wives. Generally, the average time of a spouse living with suspicions of infidelity is two years. According to Dr. Yow, these figures show that people first try to cope with the pain on their own, and only seek help when they can no longer bear it. Dr. Yow also revealed that more than 8 in 10 of the persons surveyed were “severely distressed” by their spouse’s affair, leading to feelings of depression and suicidal thoughts.
For instance, Aloysius Tang Bo Hui, a 23-year-old, suspected that his wife was having an affair. He confronted her and hit her all over her body during a heated dispute. In 2017, he admitted that he hurt his wife at the back of her head, jaw, buttocks, abdomen, and arm. Because of his actions, he was imprisoned for six weeks.
What are the potential penalties for voluntarily causing hurt?
Under section 319 of the Penal Code, “hurt” is defined as “bodily pain, disease, or infirmity.” Hurt can stem from different situations. Hitting somebody using an object, for example, could cause physical pain. A person can also harm another by pushing him or her, causing the other person to fall and get hurt.
Section 322 defines a different offence--voluntarily causing grievous hurt. The distinction between voluntarily causing hurt and voluntarily causing grievous hurt is that the latter is a more severe form of injury.
A person found guilty of causing hurt voluntarily may face a punishment of imprisonment for up to two years and/or a fine of up to S$5,000. Still, the defendant may prove that the hurt was voluntarily caused by provocation, which could make the punishment less severe. In such event, the penalty might be imprisonment of up to three months and/or a fine of up to S$2,500. An affair, however does not constitute provocation.
Note that the Penal Code enumerates different types of voluntarily causing hurt and voluntarily causing grievous hurt, which are mentioned below.
