What Divorce Lawyers Say About Adultery and Divorce Settlements
In many countries, adultery is considered a criminal offence, and can play a crucial role in divorce proceedings.
According to the divorce law in Queanbeyan, before 1975, in order to be legally separated from your spouse in Australia, you needed to prove that your spouse was at fault – and there had to be “grounds” on which to file for divorce. The “fault” could be that there was adultery, insanity, cruelty, drunkenness, or imprisonment in your relationship. Moreover, the burden of proof lay with the person seeking the divorce.
Is Infidelity Required in Divorce Law in Yass?
In Australia, before the Family Law Act, marriage was viewed as a contract between two people. To be granted a divorce, the contact would have had to be broken, and in order for this to happen, one of the two spouses would have had to have been at fault and the other spouse had to prove it.
Those seeking a divorce had to hire private detectives, and some couples had to “stage infidelities” just so they could get a divorce.
According to divorce lawyers in Yass, after the Family Law Act of 1975, married couples became able to get a divorce without anyone having to have committed a crime or been unfaithful. Subsequently, the court, no longer had to consider if the cause of the breakdown of the marriage was due to one spouse cheating on the other.
It means that a spouse can apply for a divorce without needing to prove that the other was at fault. He or she is only required to claim that there has been an irrevocable end to the marriage, and that the couple has separated from each other for at least 12 months.
Does Adultery Affect Settlements?
In most divorce settlements, adultery will not play a role in the decision of the courts with regards to the division of assets, how often the children can be seen, or the amount of spousal maintenance to be paid.
However, according to divorce law in Queanbeyan, there are exceptions. Among the exceptions is when the court decides that, in the time the spouse was being unfaithful, he or she had negligently or recklessly misused or wasted matrimonial assets.
The best way to start divorce proceedings is to reach out to a family lawyer in Queanbeyan or Yass.
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