“If My Partner Cheats on Me, Can I Get a Bigger Property Settlement in
Australia?”
Thinking your partner’s betrayal might entitle you to more? Let’s unpack the facts.
Legal Update (Effective 10 June 2025)
The Family Law Amendment Act 2024, effective from 10 June 2025, brought
sweeping reforms to property settlement laws:
- The law now requires courts to undeniably consider family violence,
including economic or financial abuse, when deciding property and
maintenance outcomes. - It includes wastage reckless use of assets as a specific factor. These reforms
add transparency and fairness for those financially disadvantaged during
separation.
No-Blame: Australia’s No-Fault Divorce
Under Australian law, including in Victoria, divorce is governed by the principle of
irretrievable breakdown after 12 months of separation. Infidelity is not a legal
ground for divorce, nor does it affect the divorce process directly.
Does Cheating Affect Property Settlements?
✖️ Generally, No
Adultery and cheating do not influence how assets are split. Courts focus on fair
and equitable division, not moral fault.
✅ But Yes—In Rare “Wastage” Situations
If your partner financially supported someone else during the affair—e.g., paid for
trips, a separate home, gifts you may argue wastage. The court can deduct these
amounts from their share.
Victorian & Federal Law: What Courts Consider Under Section 79
Whether you’re in Victoria or anywhere in Australia, the Family Law Act requires
courts to assess:
1. All Assets and Liabilities
2. Contributions—financial, non-financial, homemaking, and economic abuse
impact
3. Future Needs—health, age, care responsibilities
4. Wastage of Assets—including those caused by extramarital financial
spending The aim is a “just and equitable” result, not retribution.
Does Cheating Affect Parenting Orders?
No. When making decisions about child custody or parenting arrangements, courts
emphasize the best interests of the child. Infidelity itself is not relevant unless it
affects child welfare, such as exposing a child to unsafe or unstable environments.
Key priorities include:
- Safety and risk avoidance
- Emotional wellbeing
- Maintaining meaningful relationships with both parents, if suitable
Quick Reference Table
| Question | Legal Answer |
|---|---|
| Can adultery influence property settlement? | ❌ Generally no—unless there’s proven wastage |
| Does adultery affect parenting orders? | ❌ No, unless directly impacts child safety |
| Is cheating grounds for divorce? | ❌ No—Australia uses no-fault divorce system |
Sample Scenario: Wastage Impact
If evidence shows your partner spent $20,000 on gifts or travel with someone else, you may ask the court to reduce their property share by that amount on top of the standard four-step property analysis.
How Lawfinity Consultants Can Help
We offer expert guidance on:
- Assessing whether wastage claims may apply in your case
- Preparing evidence of financial misuse or supporting others
- Filing property settlement negotiations or consent orders
- Protecting your financial future under the new 2025 laws
We offer fee bundle packages and a free 15-minute initial consultation to
evaluate your circumstances and advise on next steps.