The correct answer is, No, not necessarily.

What you need to prove

First of all, yes, divorce based on adultery requires proof of:

-sexual intercourse.

(Just holding hands or having dinner does not count.)

-with a third party of the opposite sex.

(We are of the view that currently, the law is that sexual intercourse between your spouse and a party of the opposite sex is required.)

Secondly, the above is not enough.

You have to also show that you find it intolerable to live with your spouse.

Also, you must not have continued living with your spouse for more than 6 months after finding out about his or her adultery.Otherwise, you cannot use that instance of adultery to apply for a divorce.

Also, you and your spouse must have been married for at least 3 years.Otherwise, the Women's Charter says you cannot apply for a normal divorce (including a divorce based on adultery) in the first 3 years of your marriage.

Benefits of applying based on adultery, are there any?

It is important to note that even if the court grants a divorce based on adultery, this does not mean that you will get more assets or more maintenance for yourself or for the child(ren).

It also does not mean that your spouse will lose care and control of the child(ren) to you.

It still depends on the circumstances of your case.

Reasons not to apply for divorce based on adultery

In fact, there are many reasons not to use adultery as a basis for divorce.

First, the court is likely to require very strong evidence of the adultery.

Secondly, there is the alternative of applying for divorce based on unreasonable behaviour (improper association instead of sexual penetration) which is much easier to prove.

Thirdly, in most cases, there is no advantage in applying based on adultery as this would not improve your claim for division of matrimonial assets, your or the child(ren)'s maintenance and/or care and control of the child(ren).

Fourthly, your spouse is far more likely to resist adultery allegations than suitably watered down allegations of unreasonable behaviour.

The above is not legal advice and should not be taken as such.

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Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

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