Key Takeaways:
- Infidelity does not affect divorce settlement, but it can play an influential role in divorce proceedings under specific circumstances.
- Australia has a no fault divorce system, which means the court does not focus on the ‘why’ of the marriage breakdown, but instead whether or not the marriage is retrievable.
- Infidelity is not illegal or a crime in Australia, but associated actions may be, such as violence or harassment.
A marital relationship is a legal contract and emotional bond usually involving mutual boundaries of trust and commitment. However, sometimes a marriage can break down due to infidelity, causing significant emotional repercussions that can only be resolved with divorce.
This article addresses the questions about infidelity in the Australian legal system and its impact on a divorce settlement. If you need support through a divorce with infidelity, talk to a friendly family lawyer to explore your options.
What Is Infidelity in a Divorce?
Infidelity, also referred to as cheating or adultery, is the act of one spouse breaching marital trust by being emotionally or physically unfaithful. It is often perceived as an act of betrayal and leads to the primary reason for marriage breakdown.
Infidelity can occur under many circumstances, including physical affairs, emotional involvement, online relations, and financial deception. These acts fall outside of the boundaries and definition of marriage, where exclusive relationship expectations are paramount. They can also cause significant emotional distress to the spouse and family involved.
How Does Infidelity Impact Divorce Proceedings?
In Australia, personal matters are considered private and are no longer a determining factor in divorce. However, anyone who experiences direct emotional distress, such as the spouse or children, is taken into consideration by the court to ensure a fair outcome that benefits everyone’s well-being.
While not directly associated with a divorce, infidelity is considered in cases such as property settlement and child custody. If children’s well-being is impacted or marital assets are wasted through financial misconduct, the court may proceed with these factors in mind.
It’s important to note that infidelity does not determine child arrangements. However;
- The parents’ ability to provide for their children may be considered
- The child’s and parent’s emotional well-being may be considered
- The child’s safety may be considered
- The child’s stability and lifestyle may be considered
Is Infidelity Illegal or Considered a Crime in Australia?
Before the Family Law Act 1975 was introduced, infidelity determined divorce outcomes. Today, however, a no-fault divorce system is in place to keep personal matters private in divorce settlements, and a greater focus is on the irretrievable breakdown of the marriage.
Despite the emotional repercussions and impact on well-being, infidelity is not a legal matter in Australia and therefore, is not referred to as a criminal offence. If non-consensual actions undertaken by the adulterer fall within criminal margins, the legal system will be required to get involved.
Actions include: harassment of any kind, violence, sexual assault, stalking, and any other non-consensual acts.
A divorce settlement can be a difficult time for all parties involved. In the case of infidelity, our friendly lawyers at Hebblewhite Lawyers understand the hardships you may be experiencing and are ready to talk with you about your options.
