The short answer is no! In Australia, the family courts have a ‘no fault’ jurisdiction when it comes to separation. The court does not consider the reason for the relationship breakdown as relevant when deciding a parties’ property settlement and the division of assets. What does the court consider relevant?
- What property is in the property pool;
- The asset of each party at the commencement;
- The parties’ respective contributions (financial and non-financial)
- The parties’ future needs; and
- Is it a fair and just outcome, given the circumstances?
As difficult as it can be to accept, the wrong doings that caused the relationship breakdown do not affect how the property is dealt with after separation. They are a separate issue and one that is not taken into account during the legal process.