My Partner Cheated... Am I Entitled to More Money?

This is a very common question that family lawyers are asked. In Australia, the fact that someone has cheated does not alter to the division of assets by the court upon separation.

Under the Family Law Act 1975 (Cth) the court will determine the property settlement by way of a 4-Step Process, namely:

1. Determine the value of the Asset Pool – What are the assets and liabilities of the parties.
2. Contributions – The court considers both financial and non-financial (e.g homemaker) contributions each party made throughout the duration of the relationship.
3. Section 75 Factors– The Family Law Act lists a number of factors that are then considered, some of which include the future needs of the parties, their age, income, and health, as well as the care of any children; and
4. Whether the division is “Just and Equitable” – The court will not make an order, unless it is satisfied that it is just and equitable to do so.

Overall, catching your partner cheating on you is not a basis for you to receive more money from your separation, however we do recommend you speak with one of our Family Lawyers so that they can advise you in ascertaining your rights and entitlements in a property settlement.