ARTICLE · 21 OCTOBER 2024

Is Adultery a Crime: Debunking the Question

JB Solicitors

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You don't need to prove your spouse was at fault for the marriage to break down to get a divorce.

AustraliaFamily and Matrimonial

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Is adultery a crime in Australia? Is it a criminal offence? The answer is no. Australia's no fault divorce system which the federal law enacted in 1994 under federal law. Hence, you don't need to prove your spouse was at fault for the marriage to break down to get a divorce. This is a big change from the past where the aggravated party has to prove adultery, desertion or other grounds.

Now the only requirement is an irretrievable breakdown of marriage or marital status, proven by living separately for at least 12 months. The court focuses on moving forward not finding fault. So separate decisions are made for:

Dividing property between spouses.
Child custody and support (if applicable).

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