Why is proving adultery more difficult in civil divorce cases?

Question

Accepted Answer

Proving Adultery in Civil Divorce Cases Carries a Higher Evidential Burden

In civil, or non-Muslim, divorce proceedings in Singapore, establishing adultery as the legal ground for divorce necessitates a significantly higher burden of proof compared to other cited reasons. This legal framework requires concrete evidence to substantiate the claim of a sexual relationship with a third party. In contrast, the process for Muslim divorces records infidelity as a primary issue without the same stringent requirement for legal proof.
Adultery Requires Compelling Circumstantial Evidence

To legally prove adultery in civil divorces, compelling circumstantial evidence is often required. This typically involves documentation such as reports from private investigators or photographic evidence demonstrating a spouse's sexual relationship with another individual. The high threshold for substantiating this specific legal fact means that many couples experiencing infidelity may opt for alternative grounds.
Unreasonable Behaviour is a More Accessible Ground

Due to the stringent evidential requirements for adultery, spouses seeking a civil divorce often cite "unreasonable behaviour" instead. This broader category encompasses a wide array of conduct and is generally simpler to establish. Lawyers note that unreasonable behaviour can include issues like abuse, controlling behaviour, addiction, or financial neglect, making it a more practical choice for divorce proceedings.
Muslim Divorce Statistics Reflect Different Legal Recording

The disparity in statistics between civil and Muslim divorces regarding adultery is attributed to differing legal frameworks rather than a higher prevalence of infidelity among Muslim couples. In Muslim divorces, infidelity is recorded as the "main issue" cited for the breakdown of the marriage, which does not necessitate the same level of legal proof as required in civil cases under the Women's Charter.

Reading history

Hide →

This history is cleared when the page is closed.

Why is proving adultery more difficult in civil divorce cases?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends