Discovering infidelity in a marriage can be emotionally devastating. For many, it leads to the decision to separate or divorce. A common question that arises during this time is: How does infidelity impact divorce settlements in Australia?

While cheating may be a moral issue, the Australian family law system is based on a no-fault divorce principle. This means infidelity doesn’t directly affect whether a couple can divorce or how assets are divided. However, it may influence certain aspects of a divorce, especially when it comes to parenting matters, spousal maintenance or financial misconduct.

Discover how our experienced family law team at Johnsons Law Group can help you navigate divorces involving infidelity, protect your interests and move forward with confidence. Keep reading to learn more.

Quick Overview: How Does Infidelity Impact Divorce Settlements?

Australia follows a no-fault divorce system – the court doesn’t consider infidelity when granting a divorce. Infidelity doesn’t usually influence property division, unless it involves financial misconduct. However, it may be relevant in spousal maintenance claims if cheating affects financial needs.

Parenting arrangements may be impacted if infidelity created an unsafe or unstable environment for children. Legal advice is crucial if infidelity plays a role in the breakdown of your marriage.

What Does No-Fault Divorce Mean in Australia?

Under the Family Law Act 1975, Australia operates on a no-fault basis for divorce. This means:

• The only legal ground for divorce is that the marriage has irretrievably broken down.
• The breakdown is proven by 12 months of separation.
• The court does not require proof of cheating, abuse or other wrongdoing.

In other words, infidelity may be the reason for the separation on a personal level, but legally, it has no direct impact on whether a divorce is granted.

Does Infidelity Affect Property Settlements?

Typically, no. Courts do not consider marital misconduct like cheating when dividing assets. The court focuses on:

• Financial and non-financial contributions of each party
• Future needs, such as income, age and health
• Caring responsibilities for children

However, there is an exception where infidelity could be relevant—wastage of assets. If a spouse uses significant marital funds to support an extramarital relationship (e.g. expensive gifts, travel, hotel stays), this could be seen as financial misconduct.

The court may:

• Consider these actions as a waste of matrimonial property
• Adjust the property division accordingly to compensate the other spouse

Spousal Maintenance and Infidelity

Spousal maintenance is financial support paid by one spouse to another if they cannot meet their own reasonable expenses.

Infidelity Might Be Relevant If:

• The cheating spouse abandons the relationship and stops providing financial support
• The other party suffers emotionally or financially as a result

While infidelity alone doesn’t entitle someone to spousal maintenance, it may play a role in assessing financial needs, especially if it results in economic hardship.

Parenting Arrangements and the Impact of Infidelity

The impact of infidelity on parenting arrangements depends on how the situation affects the child’s best interests.

Relevant Concerns May Include:

• The cheating parent exposed the child to unsafe or unstable environments
• A new partner poses risks to the child’s wellbeing
• Emotional neglect or parental absence during the affair

If infidelity led to behaviour that negatively impacted the child, the court might:

• Limit parenting time
• Order supervised visits
• Prioritise the more stable parent

The key consideration is always the child’s safety and emotional development, not the act of infidelity itself.

Emotional and Psychological Impacts on Divorce Proceedings

Though infidelity may not affect the legal aspects of a divorce directly, it can intensify conflict, leading to:

• Prolonged legal battles
• Difficulty reaching agreements on financial or parenting matters
• Increased emotional stress during mediation or court appearances

In such cases, legal and emotional support becomes vital to ensure that decisions are made logically, not emotionally.

What Should You Do If Infidelity Led to Divorce?

Here are some important steps to take:

1. Gather Financial Records

If your spouse spent joint funds on their affair, keep receipts, bank statements and transaction records.

2. Document Parenting Concerns

If the affair caused disruptions to your children’s routine or exposed them to unsafe situations, gather relevant evidence (messages, witness accounts, etc).

3. Seek Legal Advice Early

Consult a family lawyer before making assumptions or accusations in court. A professional will help you build a case based on facts and law.

Can You Use Infidelity as Leverage in Negotiations?

While not legally relevant to the divorce itself, infidelity can be used in negotiation or mediation settings to:

• Encourage a fair property settlement if misconduct occurred
• Establish clear parenting boundaries
• Achieve closure or mutual understanding

Mediation may allow space for personal grievances to be acknowledged while still working toward a practical agreement.

FAQs – Infidelity and Divorce in Australia

Does adultery affect divorce proceedings in Australia?

No. Australia’s no-fault divorce system does not consider adultery when granting a divorce or deciding property division.

Can I get more property if my partner cheated?

Not unless your partner misused joint finances in a way that disadvantaged you.

Will infidelity impact child custody?

Only if it resulted in neglect, emotional harm or placed the child in unsafe environments.

Why Choose Johnsons Law Group for Divorce Matters Involving Infidelity?

At Johnsons Law Group, we offer:

• Experienced Family Lawyers: We’ve handled complex separations involving infidelity, financial misuse and high-conflict parenting disputes.
• Compassionate Legal Support: We understand the emotional weight of infidelity and provide clear, caring guidance.
• Tailored Legal Strategy: We help you focus on practical outcomes, even in emotionally charged situations.
• Proven Negotiation Skills: We work towards fair settlements that reflect your contributions and protect your rights.

Protect Your Rights – Speak to Johnsons Law Group Today

Infidelity can complicate your divorce emotionally and financially, but you don’t have to face it alone. If you’re wondering how infidelity might affect your divorce settlement, it’s crucial to get trusted legal guidance.

Call Johnsons Law Group today on 02 9600 7277 or visit our Contact Us page to book a confidential consultation. Let us help you move forward with confidence and clarity.