Infidelity – What legal options do you have?
It’s a sad, but unavoidable truth that sometimes, partners cheat. If your spouse has long unexplained absences, continually stays back late for work or purposefully conceals their emails and text messages, they may have something to hide. In cases of infidelity, when trust isn’t enough, a family lawyer may be able to help highlight your options.
As an individual in a de facto or marital relationship you have certain rights. Aside from the right of the innocent party to obtain a divorce, there are other legal ramifications of infidelity. In Australia, for example, affairs of two or more years can be deemed a de facto relationship and may expose the cheater to financial claims in the Family Court on their superannuation savings, income and property. In this case the Court will define where a de facto relationship exists based on when the affair began and ended and the exact nature of the relationship. For example, whether there was any level of financial dependence or support between the parties, any intermingling of finances and the public and private nature of the relationship.
The end result could be competing property claims between the separated spouses and the third party involved in a relationship with the cheating spouse.
Finding out your partner is cheating is never easy. But by understanding your rights and seeking legal guidance, you can begin to move forward. As Brisbane’s family law specialists, Rostron Carlyle can help you in family law matters involving infidelity, divorce or child support. Their dedicated team of family lawyers can answer all your questions and help you on the road towards a resolution.
For more information about your legal options, contact them today on (07) 3009 8444.