Is there a broken heart law in Australia?
When a partner cheats, the emotional shock can feel like the ground's been ripped open from beneath you.
Trust shatters. Futures shift.
For many Australians, infidelity doesn't just end relationships, it marks the beginning of a confusing, often painful legal journey.
And one of the most common questions we hear.
"Is cheating actually against the law?"
There's a lot of online chatter about so-called "broken heart laws," and stories from overseas might lead you to believe you can sue a cheating partner, or the person they cheated with.
But is any of that true in Australia?
In this guide, we'll break down what the law says, and doesn't say, about adultery. From social media myths to real legal consequences involving parenting, property, or finances, we're here to help you separate fact from fiction and understand your rights after infidelity.
Is Adultery Illegal in Australia?
Let's start with the basics: No, cheating is not illegal in Australia.
Australia operates under a no-fault divorce system thanks to the Family Law Act 1975 (Cth).
This means the court doesn't care who caused the breakup or why.
You don't need to prove that your partner cheated, lied, or behaved badly to file for divorce.
The only thing the court wants to see is that the relationship has ended irretrievably, and that you've been separated for at least 12 months.
So while infidelity might lead to immense emotional pain, it's not a criminal offence.
Cheating won't land your ex in jail, and it won't automatically tilt divorce proceedings in your favour.
The law is focused on resolving practical matters like finances, children, and property, not punishing personal betrayal.
What Is the "Broken Heart Law", and Does It Exist in Australia?
You might've seen headlines or TikToks claiming a spouse can sue their partner's lover, sometimes dubbed the "broken heart law."
Here's the reality : there's no such law in Australia.
We understand how unfair that may feel.
Betrayal can have deep emotional and even financial consequences.
But Australian law treats infidelity as a private matter, not a legal one.
Can you take legal action for adultery?
It's a question we hear often: Can I take my spouse, or their lover, to court for cheating on me?
Unfortunately, the answer is no.
There are no criminal or civil penalties for cheating in a relationship. You can't sue for emotional distress, loss of trust, or the breakdown of your marriage caused by infidelity.
Even if the cheating triggered mental health issues or significant personal suffering, there's no path for legal compensation solely based on that betrayal.
But that doesn't mean you're left empty-handed.
The end of a relationship, especially one marred by infidelity, still entitles you to protection and clarity under Australian family law.
Your rights around property, parenting, child support, and spousal maintenance remain intact.
Does Cheating Impact Financial Settlements?
In most cases, cheating has no direct impact on how property or finances are divided.
But there are some exceptions worth knowing.
Family law courts assess a range of factors when dividing assets.
These include:
- Financial and non-financial contributions during the relationship
- Parenting and homemaking responsibilities
- Future considerations, such as health, income, and care obligations
However, if your partner's affair led to reckless or extravagant spending, for instance, using joint funds on gifts, holidays, or rent for their lover, then a court may take that into account.
This kind of behaviour is sometimes called "wastage" and can result in adjustments to the property division.
Similarly, if the cheating exposed your family to financial risk or hardship, or involved neglect of your children's wellbeing, those factors might also be considered, though they must be clearly proven.
Can Infidelity Affect Parenting or Child Support?
Child Support
The short answer?
No.
Child support is calculated based on a formula set by Services Australia – Child Support.
It considers income, time spent with the child, and care responsibilities.
The court does not look at poor relationship conduct, including infidelity.
Parenting Arrangements
When it comes to parenting orders or time spent with children, courts focus entirely on the best interests of the child, not the personal misconduct of the parents.
However, if the cheating involved behaviour that endangered the child's wellbeing (e.g. exposing them to inappropriate relationships, neglect during the affair), the court may take that into account.
But this is rare, and claims must be supported with clear evidence.
Frequently Asked Questions
1. Can I Sue the Person My Partner Cheated With?
No.
In Australia, you can't take legal action against a third party for having an affair with your partner, even if that affair played a direct role in the breakdown of your relationship.
The law doesn't recognise emotional betrayal as a civil wrong, and there's no ability to sue for "alienation of affection" like you might see in the US.
The courts treat infidelity as a private matter, not a legal violation.
2. Will I Get More in the Property Settlement Because They
Cheated?
Usually not.
Family law in Australia doesn't punish people for poor behaviour in relationships, including cheating.
That said, there are rare circumstances where infidelity can have an indirect impact.
For example,
If your partner used joint funds to finance the affair, think
lavish gifts, secret holidays, or expensive rent, the court may
treat that as financial wastage and adjust the property split
accordingly.
But it needs to be clearly proven with evidence.
3. What If I Was in a De Facto Relationship?
The same legal principles apply.
Whether you're married or in a de facto relationship, cheating has no direct legal consequences.
Your rights to property division, parenting arrangements, and financial support are based on contributions, care responsibilities, and future needs, not relationship misconduct.
4. Do My Rights Change After Cheating?
No.
Cheating doesn't strip away your legal entitlements.
You still have full rights to:
- Finalise a property settlement that reflects your contributions and circumstances
- Apply for spousal maintenance if you're financially disadvantaged
- Create or modify parenting arrangements in your child/ren's best interests
- Initiate divorce proceedings after 12 months of separation (regardless of the reason for the split)
Even if betrayal is the emotional trigger for separation, your legal standing remains protected under the Family Law Act.
5. Can Emotional Distress Be Taken Into Account?
Generally speaking, no, at least not in terms of legal outcomes.
While the emotional fallout from infidelity can be devastating, the courts don't compensate for hurt feelings, heartbreak, or mental anguish.
That said, seeking counselling or psychological support can be a vital step in your recovery, and in some cases, medical evidence of psychological harm may support other claims, such as the need for spousal maintenance.
If your distress stems from something more serious, like abuse, coercive control, or family violence, there may be other legal protections and support mechanisms available.
6. Why Does the "Broken Heart Law" Myth Keep
Circulating?
There's no denying it, infidelity causes real, lasting emotional pain.
And when people are hurting, they often want justice.
So it's no surprise that stories about suing a cheating spouse, or their lover, gain traction online.
TikTok clips, overseas legal stories, and viral memes often blur fact and fiction.
Sometimes they're based on laws from the US or other countries. Other times, they're completely fabricated.
But here in Australia, the law is clear: infidelity is not illegal, and it carries no automatic legal penalty.
7. What You Can Do After Betrayal
Cheating may not be illegal, but that doesn't mean you're without legal options.
If your relationship has ended because of infidelity, there are still several powerful steps you can take under Australian family law to protect yourself and your future:
File for divorce once you've been officially separated for at least 12 months. This is the first step toward legal closure.
Negotiate a fair property settlement. The Family Law Act gives you the right to a just and equitable division of assets, regardless of who was unfaithful.
Set up or revise parenting arrangements. Your children's wellbeing is a priority, and you can work toward an agreement that reflects their best interests.
Apply for spousal maintenance, if your circumstances warrant it. The court can order financial support to help you get back on your feet.
Ensure your child support is properly assessed and enforced. This ensures ongoing financial support for your children post-separation.
And if the affair involved anything more serious, like coercive control, abuse, or financial manipulation, there may be additional protections available under Australia's family violence laws.
You don't need to navigate this alone.
The law won't punish infidelity, but it can empower you to move forward with clarity and confidence.
How Unified Lawyers can help
A separation caused by infidelity can leave you feeling emotionally raw and legally lost.
Whether you're unsure of your entitlements, worried about parenting arrangements, or overwhelmed by the next steps, our experienced team is here to support you with clarity and care.
At Unified Lawyers, we specialise in helping individuals navigate the legal aftermath of betrayal.
From divorce applications and property settlements to parenting disputes and spousal maintenance, we offer straightforward, strategic legal advice tailored to your situation.
We know these cases often involve sensitive details and complex dynamics.
That's why we work with empathy, discretion, and a firm understanding of the law to ensure your interests are protected, and your future is secured.
If your relationship has ended due to cheating and you want trusted professionals by your side, reach out to us today. We'll help you move forward with confidence.
Final Thoughts
There's no "broken heart law" in Australia, but there are clear rights and pathways forward if infidelity has torn your relationship apart.
The law may not punish cheating, but it does protect individuals going through separation, especially when property, parenting, or financial support is on the line.
If you're navigating life after betrayal, the right legal advice can be a powerful step toward healing and securing your future.
Click here: Get a free consultation today!
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
