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If I Have An Affair, Will I Get Penalised In My Family Law Matter? – Podcast Episode 41

This week on the Divorce Collective Podcast, join our principal Caralee Fontenele as she discusses the impact of infidelity on family law matters. 

At Collective Family Law Group, our team of expert family law solicitors on the Gold Coast frequently receives questions during our initial consultations, such as: 


Contrary to popular belief influenced by movies and general notions, in Australia’s family law system, we operate under a ‘No-Fault System’

This means that having an affair or engaging in any other wrongdoing does not result in penalties. When determining divorce, the court does not consider which partner was at fault for the marriage breakdown. The sole ground for divorce is the irretrievable breakdown of the relationship, which is established through a period of 12 months of separation.


When assessing family law matters, the court takes various factors into consideration, including: 

  • financial contributions of each party
  • duration of the relationship
  • non-financial contributions of each party
  • future needs of both individuals


As family law solicitors, our focus is on advising clients about their legal position based on these factors, irrespective of any wrongdoing involved.

If you find yourself in a situation where infidelity has occurred, there’s no need to worry. Speak to one of our experienced divorce lawyers in Gold Coast for a comprehensive discussion about your family law matter. To book your family law consultation FREE initial 45-minute consultation or give us a call at 5574 0971. Our consultations are not only free but also 100% obligation-free.

Tune in to the Divorce Collective Podcast to gain further insights into this topic and other aspects of family law. Listen now and discover valuable information to guide you through your divorce journey.

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