When you need a divorce lawyer

It can be emotionally devastating for a person if the breakdown of the marriage is caused by the fault of the other person, such as where one person commits an act of infidelity. However, fault is not a factor in whether a divorce is granted by the court.

The court only needs to be satisfied that the marriage has broken down irretrievably. In other words, if the court is satisfied that there is no chance that the parties will reconcile and the parties have been genuinely separated for 12 months, the divorce will be granted.

Fault is generally not something the law considers when determining a property settlement or parenting issues. You will not get more of the asset pool because your spouse cheated on you. However, in some cases, “fault” can be relevant to what orders the court makes. For example, if separation has been caused by domestic violence, that will certainly be a relevant factor in determining what is in the best interests of the children when making parenting orders. 

Assets that are acquired during a marriage are considered to be joint marital assets, regardless of whose name the asset is held in. The law gives the court the power to adjust ownership of property to ensure that the party who is not the registered owner of that asset gets a just and equitable share of that asset.

It is not just assets acquired during the marriage which form part of the asset pool. Depending on the length of the relationship, assets owned before the marriage can also be treated as joint marital assets and be subject to a property adjustment in the same way. This includes the superannuation interests.

People are often surprised to learn that assets that are acquired by one party after the date of separation can also form part of the asset pool that is to be split between the parties. This is why it is important for you to finalise a property settlement as quickly as possible after final separation to prevent post separation assets forming part of the pool of assets to be divided between the parties.

Our family lawyers can help you secure short-term support when you’ve been cut off financially. Through an application for spousal maintenance, the court can order your partner to provide you with sufficient funds to cover everyday living expenses.

Even if all bank accounts and assets are solely in your partner’s name, the court has the power to adjust financial arrangements so you’re not left without any means to live on. It’s designed to prevent hardship while you work towards finalising your broader property settlement.