The breakdown of any relationship is always going to be one the hardest times in your life. Whether it is your first time or your third time, it will always feel like unfamiliar and confusing territory.
On top of this, you have the Family Law System to deal with which can feel equally daunting if not more so. This is why it is important to seek legal aid, and Family Lawyers Sydney is well known as one of Australia’s best and most trusted Law Firms.
When people find themselves in these periods of hardship, a common question they ask is: Does somebody receive less in a settlement if they are to blame for the relationship’s breakdown?
The Short Answer: No. But it’s a little more complicated than that.
The Family Law Act, 1975
In Australia, The Family Law Act 1975 established the principle of No-Fault Divorce. This means that a court does not take into consideration which partner is at fault during a marriage breakdown. In most cases, this applies to a divorce settlement too.
For example, if a spouse has committed adultery, this will not influence the distribution of assets during a settlement. In general, the court may only consider an equitable distribution of assets based on each spouse’s financial contributions, assets and debts and also their financial requirements such as caring for children and the ability to learn. Although there is no one formula for how a court will decide the outcome of a divorce settlement, they may sometimes take into consideration if a spouse has been a victim of prolonged violence or abuse, or another example might be if a spouse has erroneously lost assets through gambling over time etc.
So, if you think hiring a Private Investigator to catch your spouse cheating will help you in your settlement, you’re sadly mistaken – It’s not quite like in the movies.
Stress Less, Hire the Best Divorce Settlement, Lawyer
Regardless of the circumstances of your relationship breakdown, it is important to use a legal expert during a settlement. At Family Lawyers Sydney, we live and breathe law and our passion is for our client’s settlement to go as smoothly and satisfactorily as possible in such a stressful time in their life.
If you have any questions or queries, please don’t hesitate to contact us at 02 8084 2764 or online through our Ask A Lawyer tab.