Written by: Rob Hollis and Taylor Wilson
Infidelity is commonly blamed as the primary reason for the breakdown of a relationship. Contrary to popular belief, from a family law perspective, infidelity plays no legal role in divorce or property settlement.
In this article, we’ll look at a few common questions people have about infidelity and divorce.
Is Adultery Illegal in Australia?
Put simply, no, it is not. There is no mechanism at law which requires your spouse to remain faithful to you.
However, there are restraints in the Marriage Act 1961 which restrain marriages to more than one person at a time.
Does Infidelity Affect Divorce Settlement in Australia?
Australia has a “no fault: divorce system based on The Family Law Act 1975. This means that the court is not concerned or interested in the cause of a relationship breakdown when dealing with applications for divorce.
The court simply needs to be satisfied that the relationship has broken down irretrievably.
The parties to the marriage must be separated for at least 12 months prior to applying for divorce so that the court can be satisfied that there is no likelihood of reconciliation.
If the marriage lasts for less than two years, then some relationship counselling may be required before a divorce application.
Does Adultery Affect Who Pays for a Divorce?
In a matter involving infidelity by one party, the innocent party may not receive any additional benefit other than no longer being married to that person.
There is no argument founded in law which allows a faithful party to recover any additional financial benefit from a relationship where cheating occurred.
Cases Where Cheating May Affect a Divorce Settlement
In some cases, cheating may still affect the final divorce settlement.
If the unfaithful party spent money recklessly during the course of the infidelity (i.e. buying gifts for a mistress), this may affect the outcome of any property settlement decided by the court. Such behaviour may be viewed as an aggravating factor in the breakdown of the relationship.
If you have any questions relating to family law or the divorce process, book a consultation with one of our trusted Family Lawyers at Greenhalgh Pickard.
Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Family Law Team
