Does the low adultery rate in civil divorces reflect reality or legal strategy?

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Low Adultery Rate in Civil Divorces Primarily Reflects Legal Strategy

The low rate of adultery cited in Singaporean civil divorces, accounting for fewer than one in 100 cases last year, primarily reflects the legal requirements and practicalities of the divorce process rather than the actual prevalence of infidelity. Lawyers suggest that couples often opt for the "unreasonable behaviour" ground due to a lower evidential burden compared to proving adultery, which can necessitate significant and often difficult-to-obtain evidence.
"Unreasonable Behaviour" as the Predominant Ground

In 2025, 48.7 per cent of civil divorces were filed under the grounds of "unreasonable behaviour," making it the most common legal basis. This broad category encompasses a wide spectrum of conduct, including abuse, controlling actions, addiction, gambling, financial neglect, and even extra-marital affairs. Its inclusivity allows it to serve as a more accessible route for individuals seeking to dissolve their marriage, even when infidelity is a factor.
Evidential Burden for Adultery

Proving adultery in civil divorce proceedings carries a substantial evidential burden under Singapore's Women's Charter. It typically requires compelling circumstantial evidence, such as reports from private investigators or photographic proof, to establish that a spouse engaged in a sexual relationship with a third party. This higher threshold often leads couples to choose the "unreasonable behaviour" ground, which is simpler to substantiate.
Legal Frameworks Influence Divorce Grounds

The disparity in adultery rates between civil and Muslim divorces highlights how different legal frameworks influence the cited reasons for marital breakdown. While adultery was cited in only 0.9 per cent of civil divorces, it was a stated "main issue" in 18.4 per cent of Muslim divorces. Lawyers explain that this difference stems from how each system records the cause of divorce; civil divorces require adultery to be proven as a specific legal fact, whereas Muslim divorce statistics capture the broader reason given for the breakdown.
"Divorce by Mutual Agreement" as a Less Confrontational Option

The introduction of "divorce by mutual agreement" on July 1, 2024, has since become the third most frequently cited legal fact in 2025. This provision allows couples to acknowledge the irretrievable breakdown of their marriage without assigning blame, thereby reducing confrontation. Previously, even in amicable separations, one party had to allege fault, such as unreasonable behaviour, to meet the legal requirements for divorce.

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Does the low adultery rate in civil divorces reflect reality or legal strategy?

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