Is Adultery a Crime in Singapore?

Introduction

Adultery, or the act of a married person engaging in sexual relations with someone other than their spouse, is a deeply personal and emotionally charged issue that affects many relationships around the world. In societies where marriage is seen as a sacred union and family is a cornerstone of social stability, the topic of infidelity often brings up questions about morality, legality, and the consequences for those involved. In Singapore, a nation known for its strict laws and emphasis on social order, many people wonder: is adultery a crime in singapore?

The answer is nuanced. Adultery in Singapore is not classified as a criminal offense. In other words, a person cannot be prosecuted or imprisoned under Singaporean criminal law solely for being unfaithful to their spouse. However, while adultery may not be criminal, it has serious legal consequences—especially in the context of divorce and family law. This article explores how adultery is treated under Singaporean law, the implications it can have in legal proceedings, and the broader social and ethical considerations at play.

Legal Status of Adultery in Singapore

In the eyes of the law, adultery is not a criminal offense in Singapore. This means that if a spouse cheats, the act alone will not result in criminal charges, arrest, or imprisonment. Unlike countries that enforce religious or moral codes through their legal systems, Singapore separates personal morality from criminal law in this context.

However, this does not mean that adultery is taken lightly. While it is not criminally punishable, adultery plays a significant role in civil law—particularly within the Women’s Charter, which governs marriage and divorce in Singapore.

Adultery as Grounds for Divorce

The most direct legal consequence of adultery in Singapore is its use as a ground for divorce. Under Section 95(3)(a) of the Women’s Charter, adultery is explicitly recognized as one of the grounds upon which a spouse can file for divorce. The law states that a marriage can be considered irretrievably broken down if one party has committed adultery and the other finds it intolerable to live with them.

For adultery to be used as grounds for divorce, the spouse who is filing (known as the plaintiff) must provide sufficient evidence that the adulterous act took place. This evidence could include:

• Photographs

• Videos

• Text messages or chat records

• Hotel or travel records

• A private investigator’s report

In many cases, individuals hire private investigators to obtain this proof discreetly. However, adultery must be proven beyond speculation. Suspicion alone is not enough for a court to grant divorce on this basis.

Third-Party Involvement: Can the Other Person Be Sued?

In Singapore, the third party involved in the adultery (i.e., the person with whom the spouse cheated) generally does not face legal action from the betrayed spouse. Singapore does not recognize the tort of “alienation of affection” or “criminal conversation” as in some other jurisdictions. These are legal actions that allow a spouse to sue the person who interfered in their marriage.

Historically, such torts were possible under English common law but were abolished over time in many jurisdictions, including Singapore. Therefore, while a betrayed spouse may experience anger or emotional distress toward the third party, there is no legal avenue to sue them simply for engaging in an affair with a married person.

Legal Implications in Divorce Settlements

Although adultery is not a crime, it can have consequences in divorce settlements, especially when it comes to ancillary matters such as child custody, division of assets, and maintenance.

Custody and Care of Children

Singapore’s family courts prioritize the welfare of the child above all else when determining custody and access rights. Adultery alone does not automatically disqualify a parent from having custody or visitation. However, if the adulterous behavior is shown to negatively affect the children—such as exposing them to inappropriate relationships or causing emotional harm—it could be considered during the court’s evaluation.

Division of Matrimonial Assets

The division of assets is generally determined based on contributions to the marriage, both financial and non-financial. Courts aim to be fair and equitable, taking into account the length of the marriage, the role each spouse played, and the needs of any children. Adultery typically does not impact the division unless it had a financial consequence on the marriage, such as spending large sums of money on the affair.

Spousal Maintenance

When determining maintenance (also known as alimony), the courts may consider the circumstances leading to the breakdown of the marriage. While adultery may be emotionally hurtful, it is not usually a decisive factor in awarding or denying maintenance. However, if the spouse seeking maintenance was the one who committed adultery, the court might take that into account when deciding the amount or necessity of maintenance.

Adultery and Annulment

Unlike divorce, which ends a valid marriage, annulment declares a marriage null and void—essentially stating that it was never legally valid to begin with. In Singapore, adultery is not a valid ground for annulment. The typical grounds for annulment include situations like non-consummation, incapacity to marry, or a fraudulent marriage. If adultery occurs after a valid marriage, divorce—not annulment—is the appropriate legal response.

Religious and Moral Perspectives

While Singapore is a secular nation with a legal system based on English common law, it is also home to diverse religious and cultural communities. Many religions and cultures in Singapore view adultery as morally reprehensible. In some communities, it may lead to social ostracism, loss of reputation, or community-based mediation efforts to resolve disputes.

For example, in Islamic law, adultery is considered a grave sin, and the Syariah Court, which deals with Muslim marriages and divorces, may take a strict view of such conduct. However, even in the Syariah Court, criminal penalties for adultery are not enforced unless the conduct violates specific religious laws with the appropriate evidentiary standards, which are extremely difficult to meet.

The Role of Counseling and Mediation

In many cases, spouses may seek marriage counseling or mediation services before proceeding with a divorce, especially if children are involved. Singapore’s Family Justice Courts and the Ministry of Social and Family Development offer resources and programs to help couples resolve issues amicably. While adultery can be a deeply painful betrayal, some couples use these services to reach mutual agreements about co-parenting and division of assets without prolonged court battles.

Public Perception and Societal Impact

Though adultery is not a crime, it carries a social stigma in Singapore. Many people view infidelity as a breach of trust that damages families and undermines the institution of marriage. High-profile adultery cases occasionally make headlines, particularly when public figures or celebrities are involved. In such cases, public opinion often leans toward condemnation, and reputations may be permanently damaged.

Moreover, adultery often causes significant emotional and psychological harm to the betrayed spouse and children. Counseling services are widely available for individuals and families dealing with the aftermath of infidelity. Therapists can help parties navigate the trauma, rebuild trust, and develop coping strategies.

Is Legal Reform Needed?

There have been no major public calls for making adultery a criminal offense in Singapore. Most legal experts and lawmakers agree that while adultery is morally problematic, criminalizing it would raise significant privacy and enforcement concerns. The current framework strikes a balance by allowing those affected by adultery to seek legal recourse through civil means, particularly divorce proceedings, without involving the criminal justice system.

Additionally, criminalizing adultery could lead to a host of unintended consequences, such as false accusations, invasive investigations, and complications in personal freedoms. By keeping adultery within the realm of civil law, Singapore maintains its commitment to personal liberty while still upholding the importance of marital fidelity.

Conclusion

Adultery, while not a criminal offense in Singapore, remains a serious issue with profound emotional, social, and legal implications. It can be grounds for divorce, impact child custody and asset division, and carry a heavy social stigma. Although Singapore does not prosecute individuals for infidelity, the law recognizes its significance in the context of marriage and family breakdowns.

For those facing the painful reality of a cheating spouse, the legal system provides a structured pathway for seeking justice and resolution through the divorce process. At the same time, counseling, mediation, and support services play an essential role in helping individuals and families navigate the emotional aftermath.

In short, while adultery may not land someone in jail in Singapore, it can—and often does—change lives forever.