Podcasts · The Divorce Course Podcast

Cheating and Divorce in Australia: What the Court Actually Cares About

27 Oct 2026 · 1 h 00 min · Episode 402

🎧 Listen to this episode if…

- You've just found out your ex was cheating – and your lawyer doesn't seem to care

- You're wondering if the affair changes your property settlement

- You're combing through disclosure for gifts, hotels and a money trail

- You're scared of being painted as the "jealous ex" in family court

- Your ex's new partner is suddenly part of your kids' lives

⚠️ General information only – not legal advice. Australian family law; always consult a qualified family lawyer about your circumstances.

🛟 This episode discusses emotional abuse, gaslighting and coercive control. If you're in danger call 000. Support: 1800 RESPECT (1800 737 732), Lifeline 13 11 14.

Mum and I unpack the question "my ex cheated – does it actually matter?" We cover wastage of joint money, proving the money trail in disclosure, negotiating while you're hurt (without swinging from give-up to revenge), the traps around kids and the new partner, and why your reaction – not their cheating – is what the court ends up watching. Plus the cases Gollings & Scott and Tajani & Tajani

⏱️ Episode Timeline

00:00 – My Ex Cheated: Does It Actually Matter in Divorce?

01:00 – From Private Investigators to No-Fault Divorce in Australia

04:00 – The Emotional Hit: Gaslighting, Paranoia and Flashbacks

06:00 – Two Separate Recoveries: Healing vs the Legal Process

08:00 – What the Court Cares About: Joint Money Spent on an Affair

10:00 – STIs and When Cheating Crosses Into Abusive Behaviour

12:00 – Before, During, After: When Affair Spending Counts

13:00 – The Judge's Range: How Conduct Can Lift Your Percentage

14:00 – Proving It: Gifts, Hotels and the Money Trail in Disclosure

17:00 – The Hat Trick: Separating Heartbreak From Strategy

18:00 – Negotiating While Hurt: The Two Traps

19:00 – The Pendulum Effect: Give Up, Fair or Everything

21:00 – Guilty Exes and Generous Offers: Grab Them or Not?

23:00 – Negotiating to Punish and the "Jealous Ex" Label

26:00 – The Five Stages of Grief After Betrayal

28:00 – Adjustment Disorder and Family Reports

30:00 – Co-Parenting With the Affair Partner

31:00 – New Partners in Parenting: Subpoenas and Safety Checks

33:00 – How Soon Is Too Soon to Introduce a New Partner?

38:00 – Don't Interrogate the Kids: The Car Ride Strategy

44:00 – Rapid Fire: Affairs Before, During and Under One Roof

45:00 – Onerous Contributions, De Facto Overlaps and Tajani & Tajani

48:00 – Two Property Settlements, Filing First and the Family Home

51:00 – Does a New Partner's Income Affect Your Settlement?

53:00 – The Biggest Takeaway: Adjustments, Not Revenge

🎧 Episodes Mentioned

Are We De Facto? – https://podcasts.apple.com/au/podcast/are-we-de-facto-what-it-could-mean-for-property/id1503451022?i=1000743246854

Property or Parenting First? – https://podcasts.apple.com/au/podcast/property-or-parenting-first-does-the-order-actually/id1503451022?i=1000782876028

Coercive Control vs a Bad Relationship https://podcasts.apple.com/au/podcast/coercive-control-vs-a-bad-relationship-how-to-tell/id1503451022?i=1000774925805

Coercive Control & Domestic Violence in Family Court https://podcasts.apple.com/au/podcast/coercive-control-domestic-violence-in-family-court/id1503451022?i=1000764231660

🔗 Links & Resources

Family Law Act 1975 – Section 79 – https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s79.html

📞 1800 RESPECT – 1800 737 732 | Lifeline – 13 11 14 | 🚓 Police – 000

🌐 www.thedivorcecourse.com.au – free webinar: click "Reserve My Seat"

🎓 Blog: www.thedivorcecourse.com.au/blog

If this episode helped you understand what cheating does and doesn't change in your divorce, please follow, rate, review and share The Divorce Course Podcast. All our best, Laura & Lyn – Your Guides By Your Side.

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