This week on the Divorce Collective Podcast, Caralee Fontenele is chatting about what happens when you have an affair and how it affects your family law.
We receive a frequent question in our initial consultations at Collective Family Law, which is:
Does infidelity affect your Property Settlement or Parenting arrangements?
Often in movies or as a general idea, we think that if someone does have an affair, they have been the cause of the marriage breakdown, so they less.
There are some truths to this in some family law jurisdictions, but not in family law in Australia as we have a ‘No-Fault System.’
This means that if a person has been unfaithful in the marriage or any other wrongdoing, there is no penalty. The Court doesn’t consider which partner was at fault in the marriage breakdown. The only ground for divorce that is considered is the irretrievable circumstances of a relationship, which is proven by spending 12-months separated.
Some of the factors that the Court considers are:
The financial contributions of each party; The length of the relationship; The non-financial contributions of each party; and The future needs of each of the parties.
As family law solicitors, we look at these factors and give advice on a person’s legal position on this alone, not whether or not there has been a wrongdoing. If you are in a situation where you have had an affair, you need to fear not.
To speak to one of our family lawyers in-depth about your family law matter, click here or give us a call on 5574 0971. At Collective Family Law Group, we offer a 1-hour free initial consultation that is also 100% obligation-free.