NO-FAULT DIVORCE
Contact Edwards Family Lawyers for consultation or representation during a No-Fault Divorce.
No Fault Divorce
There has been much discussion in the media recently on the hotly contested topic of infidelity due to the information leaked onto the internet by hackers from the Ashley Madison databases.
You may be wondering what effect such information may have in Family Law divorce or property settlement proceedings in the event of breakdown of a marriage or de facto relationship.
In Australia, the Family Law Act 1975 established the principle of “no-fault” divorce. Therefore if, for example, one party is at fault for the breakdown of a marriage on account of their infidelity, this will not have any bearing as to whether or not the Court will grant an Order for divorce.
Generally, the revelation that one party has been unfaithful will be irrelevant in property settlement proceedings. However, the Court may take that factor into account in assessing each party’s contributions during the relationship, depending on the circumstances of the case. For example, if there was evidence that the cheating spouse wasted considerable assets of the parties for the benefit of the other person, then that could be taken into account if the expenditure was such that it significantly reduced the matrimonial asset pool that may otherwise have been available for distribution, to the detriment of the other spouse.
The situation could be further complicated if the affair(s) were ongoing such that the mistress/es could assert that a de facto relationship existed. If the Court finds that the cheating spouse and the mistress/es were in a de facto relationship, then the mistress/es could claim an entitlement to the assets of the parties. For more information on De Facto relationships please visit our “De Facto” information page.
If you would like further advice on this topic or any other Family Law issue, please contact Edwards Family Lawyers for a consultation.
Accredited Family Law Specialist
Members of our senior legal team are accredited Family Law Specialists. In the legal profession an Accredited Specialist is a practising solicitor who has demonstrated specialised competence in a particular area of law and has been conferred Specialist Accreditation by the Law Society under its Specialist Accreditation Scheme. Edwards Family Lawyers is a highly experienced specialist family law firm that has 3 accredited specialists working out of our offices in Sydney CBD and North Sydney.
Our Services
Divorce & Separation
Expert divorce lawyers
When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months. In some circumstances, parties can be living under the same roof and still be able to establish this ground.
Property Settlement
Expert property settlement lawyers
Edwards Family Lawyers can assist you and your spouse/partner to come to an agreement in relation to all financial matters and issues arising from the breakdown of a relationship, including the division of all assets and liabilities, spouse maintenance payments, superannuation splitting orders and child support departure Orders.
Negotiation & Resolution
Expert negotiation and resolution lawyers
Opportunities for negotiation and settlement exist not only before proceedings are commenced, but also after proceedings have been commenced and right up until the time that the Court finally hears and determines the matter. Parties can settle a matter at any time.
Parenting & Children
Parenting and Children Family Lawyers
The best interests of the children is the paramount consideration when determining the most appropriate and suitable arrangements for the children after a separation. At Edwards Family Lawyers, we encourage our clients to participate in the counselling or mediation services available to assist them to reach an agreement with their spouse/former partner
Mediation Services
Mediation Lawyers
Edwards Family Lawyers offer Mediation Services to assist parties to engage in effective dispute resolution. Our Principal, Frances Edwards, has extensive experience in negotiating settlements in both parenting and property matters, and is a National Accredited Mediator and member of LEADR and IAMA.
De Facto
De Facto Lawyers
De Facto couples (including same sex couples) who separate after 1 March 2009 have the same rights as married couples. The rights and obligations of couples upon the breakdown of a Marriage or De Facto relationship are now all governed by the Family Law Act 1975. De Facto couples who separated prior to 1 March 2009 are still covered by the old State legislation
Our Family Lawyers are here to help
We navigate legal issues for our clients with empathy and a deep understanding of the associated stresses and implications. We can help you, like we have helped many clients in Sydney.
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Edwards Family Lawyers is committed to providing expert advice on all areas of Family Law following the breakdown of your marriage or de facto relationship, including same-sex relationships.
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We acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present.
