The Short Answer
Generally, no. Adultery doesn't affect property settlement in Australia.
Why Not?
Australia has a no-fault approach to property as well as divorce. The focus is on:
Who did what to whom romantically is generally irrelevant.
When Conduct Matters
Financial Impact
If the affair caused financial loss, that might be relevant:
This isn't about punishment - it's about the actual impact on the asset pool.
Wastage
If money was wasted on the affair, that might be "added back" to the pool when calculating entitlements.
Example
If $50,000 was spent on holidays and gifts for an affair partner, the court might treat that as if the $50,000 still existed and adjust the split accordingly.
What Doesn't Matter
- The emotional impact of the betrayal
Common Misconceptions
"They cheated, so they get nothing"
False. Property is divided based on contributions and future needs, not punishment.
"I stayed faithful, so I deserve more"
False. Faithfulness doesn't add to your property entitlement.
"The affair partner can be sued"
False. Australia doesn't have "alienation of affection" claims.
Focus on What Matters
In property settlement, concentrate on: