No. In Australia we have a no-fault divorce system under the Family Law Act. This means that neither party has to prove that anyone was at fault in order to apply for a divorce.
The Court is unlikely to take fault into account when deciding how assets should be divided.
In some cases, such as where a party has been subjected to domestic violence, it can have an impact on the division of assets if it:
- Makes one party’s contributions significantly more difficult than they should have been; or
- Affects a party’s future prospects (e.g. – ability to support themselves going forward).