My Partner Had An Affair. Does That Mean I Get More From The Property Settlement?

The short answer is no!

The idea of divorce is a difficult topic to think about, but when infidelity is involved, it can make the situation even more challenging. It’s normal to have questions about the impact of an affair on a property settlement. 

• Will it give you more entitlements to assets?
• Or will it affect spousal support payments?

This article will explore these questions and provide you with some helpful information.

In Australia, the family courts have a “no-fault” jurisdiction when it comes to separation. This means that the court will not consider infidelity as a factor in property settlements or spousal support. The court’s primary objective is to divide property and assets fairly between the parties, based on factors such as financial contributions, non-financial contributions, future needs, and more.

WHAT DOES THE COURT CONSIDER RELEVANT?

1. What property is in the property pool;
2. The asset of each party at the commencement;
3. The parties’ respective contributions (financial and non-financial)
4. The parties’ future needs; and
5. Is it a fair and just outcome, given the circumstances?

While infidelity won’t be considered a factor in the division of property and assets, it can still have an impact on the negotiations. It’s common for the emotional impact of infidelity to influence the parties’ decisions and make them less willing to compromise. This can result in longer and more costly legal proceedings.

It’s important to seek the advice of a divorce lawyer Gold Coast to help you navigate the legal process. Our Gold Coast divorce lawyers are here to help you understand your legal rights and obligations. We can provide you with the guidance and support you need to make informed decisions during this difficult time.

At our firm, we offer a free family law consultation to help you get started. During this initial consult, we will review your case, discuss your legal options, and provide you with an estimate of our fees. We understand that legal fees can be a concern, which is why we offer competitive rates and payment plans to our clients.

In summary, while infidelity won’t directly impact your property settlement or spousal support entitlements, it can still affect the negotiations. Seeking the advice of a family law expert can help you make informed decisions and achieve a fair settlement. Contact us today to schedule your family law consultation free and let us help you move forward.