As many of you would be aware, a highly publicised hack occurred recently of private data and details of the users of an online dating website which encourages people to cheat on their spouses.
We do not have ‘at-fault’ divorces under the Family Law Act 1975, and thereby, the general position is that any evidence of one party committing adultery fails to assist parties in either obtaining a divorce, or further, entitling them to any compensation or higher split of property from the property pool as a result of their spouses behavior. As always, there may be some exceptions depending on the individual circumstances of each particular case, and this is why it is important to promptly obtain legal advice from an experienced solicitor.
Since 1975, the Australian legislative requirements for obtaining a divorce is a relatively simple combination of confirming that the parties have been separated for twelve months, and further, that there is no prospect of reconciliation.
This significantly differs from the American legal system where parties demonstrate that one party was ‘at-fault’ in order to obtain a divorce, and secondly, whereby they may be entitled to a higher proportion of the joint property if their spouse was found to be committing adultery.
So whilst a leak of this nature has a much greater potential for ramifications on American users, we are still likely to see an increase in family law matters in Australia as a result of parties discovering their spouse’s online or actual infidelity, and in circumstances where a separation occurs quickly, it is crucial that independent legal advice is obtained soon after separation occurs to ensure that your rights are protected, and that you are aware of your obligations.
If you are experiencing relationship problems, or are separating from your spouse or partner, now is the time to see one our lawyers so that you know where you stand.
Affinity Lawyers have experienced, friendly and professional family lawyers who are able to assist you in the event of separation. Please feel free to telephone our Gold Coast office on 5563 8970 to discuss your individual needs today.