How a Divorce Lawyer in Singapore Helps You Prove Fault Grounds

The process of divorce is often emotionally charged and legally complex. In Singapore, the legal framework for the dissolution of marriages is provided for by the Women’s Charter 1961. To file for a divorce, the applicant must prove an irretrievable breakdown of the marriage, which is established by citing one or more of the six grounds. Of these, four are commonly referred to as “fault grounds”: adultery, unreasonable behaviour, desertion, and separation.

Proving these fault grounds requires more than just a simple claim. It involves presenting legally admissible evidence, understanding procedural requirements and navigating the nuances of the Court system. This is where an experienced family/divorce lawyer can increase your chances of obtaining a favourable outcome.

Understanding Fault Grounds

Under Section 95A of the Women’s Charter, a marriage is considered to have irretrievably broken down if one of the following facts is established:

1. Adultery: One spouse has committed adultery and the other spouse finds it intolerable to live with them.
2. Unreasonable Behaviour: One spouse has behaved in such a way that the other spouse cannot reasonably be expected to live with them.
3. Desertion: One spouse has deserted the other spouse for a continuous period of 2 or more years immediately before the application for divorce.
4. Separation: This can be without consent for three years, or with mutual consent for four years (not a fault-based ground but often discussed in conjunction).

Among these, adultery, unreasonable behaviour and desertion are generally classified as fault-based grounds.

Role of a Divorce Lawyer in Proving Fault

Successfully proving fault requires detailed evidence, a thorough understanding of legal thresholds and persuasive argumentation in Court. Here’s how a divorce lawyer can help at each stage:

1. Initial Legal Assessment and Strategy

A skilled divorce lawyer begins by assessing your unique situation. During the initial consultation, they will ask questions such as:

• What evidence do you currently have?
• What is your relationship history?
• Have there been attempts at reconciliation?

Based on your responses, they determine which fault ground is most appropriate and stand the best chances for winning your case. For example:

• If you suspect adultery but lack evidence, your lawyer may suggest going with unreasonable behaviour, which is broader and more flexible.
• If your spouse has abandoned the home, desertion may be the best option, provided the legal requirements are met.

Note: Strategic selection of fault grounds increases the likelihood of success and reduces unnecessary emotional or financial strain.

2. Gathering and Evaluating Evidence

Evidence is the cornerstone of any fault-based divorce. Divorce lawyers know what type of evidence the Family Justice Courts accepts and how to obtain it ethically and legally.

A. Adultery

Direct evidence of adultery (e.g. photographs, videos, messages) is hard to obtain. In most cases, a lawyer may advise hiring a licensed private investigator. The lawyer will:

• Recommend reputable investigators;
• Ensure any surveillance collected and presented does not breach privacy laws;
• Advise on how to present findings in court.

They can also apply for an affidavit from the private investigator to support your case.

B. Unreasonable Behaviour

This is the most commonly cited fault ground in Singapore. It includes:

• Physical or emotional abuse;
• Financial irresponsibility;
• Neglect of marital duties;
• Addiction (e.g. gambling, alcohol, drugs);
• Excessive control or possessiveness.

Your lawyer can help you:

• Draft a chronology of incidents;
• Collect documentary evidence (e.g. police reports, hospital records, text messages);
• Identify witnesses who can corroborate your story.

They will also ensure your affidavit details specific behaviours rather than general complaints, as vague accusations (without evidence) are usually dismissed by the Court.

C. Desertion

To prove desertion, you must show that your spouse left the marital home without justification and with the intention to desert for at least two years.

A divorce lawyer can help gather:

• Residential records;
• Correspondence proving intent (e.g. messages, emails);
• Witness testimonies to corroborate your evidence.

They will also anticipate and counter any defence your spouse might raise. For example, that they were forced to leave or were asked to leave by you.

Note: Ensuring evidence is relevant, sufficient and presented correctly increases the credibility of your case.

3. Drafting and Filing Court Documents

The Writ for Divorce, Statement of Claim and Statement of Particulars are the primary documents filed in a divorce case.

Your lawyer will:

• Craft a clear and compelling narrative linking the facts to the fault ground of your choice;
• Avoid language that could be seen as defamatory or inflammatory;
• Ensure compliance with procedural rules under the Family Justice Rules.

Errors or omissions in paperwork can delay proceedings or result in your case being dismissed. Having a lawyer prevents such risks.

4. Negotiation and Mediation

Although you may be filing on fault grounds, the Family Justice Courts strongly encourage amicable resolution through mediation and counselling (e.g. the Mandatory Co-Parenting Programme if children are involved).

A divorce lawyer can:

• Represent your interests during mediation;
• Help negotiate terms of maintenance, child custody/access and division of assets;
• Ensure that any settlement is just and equitable and advantageous to you.

Note: Lawyers provide a buffer between you and your spouse, reducing emotional conflict and promoting rational agreements.

5. Court Representation

If your case does not resolve at mediation and proceeds to a trial, your lawyer will become your advocate in Court.

They will:

• Examine and cross-examine witnesses;
• Challenge the credibility of the opposing party’s evidence;
• Present your evidence in a structured and persuasive manner;
• Respond to the judge’s questions and provide legal precedent to support your position.

In cases involving serious allegations like abuse or adultery, your lawyer’s courtroom skills are essential in ensuring the judge understands the severity and impact of your spouse’s behaviour.

Proving fault in a divorce case is a challenging but sometimes necessary step to dissolve a marriage with clarity and justice. Whether it’s adultery, unreasonable behaviour, or desertion, the burden of proof lies with the applicant.

A competent divorce lawyer plays a crucial role in this journey. They guide you through the process, help you gather and present evidence, and advocate for your rights in the Court and at mediation. With their support, you may expect to confidently navigate the legal system and achieve a resolution that acknowledges the reality of your situation.

If you’re considering a fault-based divorce, seek the guidance of an experienced divorce lawyer to protect your interests and secure a fair outcome. Contact me today at 8039 9083 for a consultation.