Divorce can be a challenging process, especially when infidelity is involved. Many people assume that cheating might impact financial settlements or child care arrangements, but in Australia, family law operates under a no-fault divorce system. This means that regardless of the reason for a marriage breakdown, including infidelity, it generally does not influence property division or parental responsibilities. However, there are always exceptions to every rule so it is best if you check with a lawyer what is the best course of action in your specific situation.
Does Cheating Affect Divorce Settlement in Australia?
Australia’s Family Law Act 1975 introduced the no-fault divorce system, removing the requirement to prove wrongdoing such as adultery. Instead, the only requirement for divorce is demonstrating an irretrievable breakdown of the marriage by living separately for at least 12 months. This means that infidelity itself does not impact whether a divorce is granted.
However, while cheating has no direct impact on property settlement it does impact how everyone is feeling throughout the process of getting the property settled. That is why it is important to have support in dealing with your property settlement.
I have helped many families through this difficult process and it is important to feel heard about the pain that this separation is causing and the frustration that you have to now deal with your financial separation while your ex has chosen this and cheated on you.
Financial separation is about the money but it is also very much about what the money represents. The numbers on the page reflect your entire life, your hopes and dreams and all the hard work you put into this relationship and your family. I understand this and when you go through mediation I will support you in an empathetic way while I will keep it realistic as well.
What Happens If You Divorce Due to Infidelity?
Divorcing due to infidelity can be an emotionally charged process, but legally, it does not change the outcome of the settlement. The court follows a structured approach to dividing assets, which considers:
- Financial contributions throughout the relationship made by each spouse, including income and property ownership.
- Non-financial contributions, such as homemaking or raising children.
- Future needs of both parties, including age, health, and earning capacity.
- Where the kids live under the age of 18. This can impact the earning capacity of one parent for example.
In mediation we are not in court but it is important to get legal advice and understand how the court comes to their rulings around property settlement as set out above. Because you have to lodge your paperwork with the court when you have made an agreement and if the court does not deem your agreement fair and just they will not accept it. You can get around this by doing a binding financial agreement but you both need a lawyer for that process and it is a more expensive way of lodging your property settlement with the court.
How Does Infidelity Affect Parenting and Child Custody?
When it comes to child custody, Australian family law prioritises the best interests of the child over any marital misconduct. Infidelity alone does not impact custody arrangements. However, if the affair has led to neglectful parenting, exposure to harmful situations, or emotional distress for the children then this could potentially change the situation.
But in general, courts focus on ensuring that children maintain a meaningful relationship with both parents, unless there is evidence that doing so would harm the child’s wellbeing.
Moving Forward After Infidelity
The emotional toll of infidelity can make divorce more difficult, but it is important to separate emotions from legal proceedings. Seeking support from counsellors, therapists, or mediation services can help ensure that decisions are made with clarity and fairness, rather than revenge.
Get yourself support from professionals including a family lawyer to understand how the system works. You might not find it fair but it is what you have to deal with. Listening to well meaning friends and family who are also angry at your ex and who might not understand how family law works might not be helpful for you. Get the right information and support to help you through this difficult process so you can make informed decisions.