In light of the Ashley Madison information leaks which have exposed the details of the millions of subscribers to the hotly debated website; many people may question whether the divorce process and ultimately the judgement are affected in the case of infidelity.
Australia has a “no fault” divorce process and essentially this means regardless of the events or actions that led to the separation and breakdown in the relationship, a divorce will be obtained between two married people by application to the Court without anything further. Should the marriage be less than two years then some relationship counselling may be required before a divorce application.
This means that 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.
If it is discerned that the offending 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. This is because 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 would like to book a free family law advice consultation, feel free to contact me at Rob@gpla.com.au
Rob Hollis