{"id":6383,"date":"2023-03-23T04:11:59","date_gmt":"2023-03-23T04:11:59","guid":{"rendered":"https:\/\/www.tajiklawyers.com.au\/?p=6383"},"modified":"2023-11-29T09:36:07","modified_gmt":"2023-11-29T09:36:07","slug":"infidelity-divorce-property","status":"publish","type":"post","link":"https:\/\/www.tajiklawyers.com.au\/infidelity-and-divorce-impact-family-law\/","title":{"rendered":"Infidelity and divorce in family law"},"content":{"rendered":"\n<p>Prior to the introduction of the Family Law Act 1975 in Australia, you were required to prove that your marriage had failed due to your spouse\u2019s actions to <a href=\"https:\/\/www.tajiklawyers.com.au\/family-lawyers\/divorce\/\">obtain a divorce<\/a> and infidelity was considered a valid ground for divorce.&nbsp;<\/p>\n\n\n\n<p>With the introduction of the <a href=\"https:\/\/www.legislation.gov.au\/Details\/C2019C00101\" target=\"_blank\" rel=\"noopener\">Family Law Act 1975<\/a>, Australia introduced a no-fault divorce system whereby you no longer need to prove your spouse was at fault for breaking down the marriage in order to obtain a divorce.&nbsp;<\/p>\n\n\n\n<p>Today, you only need to show the court that you have a valid marriage and that there has been an irretrievable breakdown of the relationship, evidenced by separation from your partner for at least 12 months.<\/p>\n\n\n\n<p>In relation to <a href=\"https:\/\/www.tajiklawyers.com.au\/family-lawyers\/property-settlements\">property settlements<\/a>, infidelity is only considered a factor if the cheating party has spent marital funds or assets recklessly or negligently to fund the affair.&nbsp;<\/p>\n\n\n\n<p>This includes, for example-paying for gifts and travels using matrimonial funds without the knowledge of the other partner.\u00a0<\/p>\n\n\n\n<p>These funds may be considered waste and may be added back into the property pool as an attack.&nbsp;<\/p>\n\n\n\n<p>Add backs occur in <a href=\"https:\/\/www.tajiklawyers.com.au\/law-services\/family-lawyers\/\">family law<\/a> property proceedings when the court adds funds back into the property pool to be divided.\u00a0<\/p>\n\n\n\n<p>Any waste, dissipation or destruction of assets or financial resources will be taken into consideration.&nbsp;<\/p>\n\n\n\n<p>Acting recklessly and negligently with matrimonial assets will also be considered.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Prior to the introduction of the Family Law Act 1975 in Australia, you were required to prove that your marriage had failed due to your spouse\u2019s actions to obtain a divorce and infidelity was considered a valid ground for divorce.&nbsp; With the introduction of the Family Law Act 1975, Australia introduced a no-fault divorce system [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":10208,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48],"tags":[],"class_list":["post-6383","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-divorce"],"_links":{"self":[{"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/posts\/6383","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6383"}],"version-history":[{"count":10,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/posts\/6383\/revisions"}],"predecessor-version":[{"id":11647,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/posts\/6383\/revisions\/11647"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=\/wp\/v2\/media\/10208"}],"wp:attachment":[{"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6383"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.tajiklawyers.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}