Handy Hints (13) – Relevance of the cause of the breakdown of a relationship in family law proceedings

5 March 2022


OSD Presents…Handy Hint (13)

When relationships come to an end, it is a common situation to find that one or both partners have been unfaithful to the other. Irrespective of whether there was “cheating” in the relationship, in the eyes of the Court, this does not matter.

The Family Court is a “no fault” jurisdiction. This means, the Court does not assign blame to either party for the relationship coming to an end. A party will not “win” because they are “innocent”. No one will be punished for cheating or leaving.

Use your energy seeking legal advice and commence negotiations instead of spying on your ex-partner to prove “guilt”.

When dealing with property division and/or child related matters, being unfaithful is not relevant. The Courts will look at the parties’ behaviour towards each other that may affect the children such as incidents of family violence.

Often the unfaithful party or the person who has left, wants to settle their property/children matters without delay and without the benefit of advice. This is dangerous and often
leads to offers being made which are unrealistic.

Family Law matters can be emotional and time consuming, a lawyer will help you navigate a settlement which is fair to all.

We’re Here to Help

Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.

O’Sullivan Davies has practitioners experienced in dealing with all family law issues. More information about our services can be found at our About Us page here.


This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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