How can infidelity impact a property settlement?
While in some countries, infidelity may be able to be leveraged to receive a better property/financial settlement, in Australia for the most part, a court will not favour a person just because their partner was adulterous.
However, cheating can sometimes be considered a factor in the property settlement process if the person who was adulterous has spent matrimonial funds or assets to conduct the affair. This is known as “wastage” and it has to be shown that the cheating party used the matrimonial assets recklessly or in a negligent way, having an effect on the other party. When wastage is brought into question, the unique details of the situation will be used to determine whether this has occurred. If the cheating party is found to have used the matrimonial assets/funds negligently, a property settlement may be adjusted to reflect this.