In Australia, virtual infidelity is not considered a legal ground for divorce, as the Family Law Act 1975 operates on a “no-fault” divorce system.
This means the court does not take into account the behaviour of either party—including acts like online affairs or cyber relationships—when deciding whether to grant a divorce.
The only requirement is that the marriage has irretrievably broken down, proven by at least 12 months of separation.
While virtual infidelity might not directly impact the legal process of getting a divorce, it can play a significant emotional and practical role in the breakdown of a marriage.
Key takeaway: Virtual infidelity is not a legal ground for divorce in Australia, but it can influence the emotional reasons behind a separation.
What Counts as Virtual Infidelity?
Virtual infidelity refers to emotional or sexual connections that occur online—such as engaging in cybersex, sexting, private messaging, or forming intimate bonds through social media or online platforms.
Although there may be no physical contact, these behaviours can still feel like a betrayal, especially if they involve secrecy, deception, or emotional intimacy outside of the relationship.
For many couples, virtual affairs cause the same distress and breach of trust as physical infidelity. If you’re in this situation, your feelings are valid, and the emotional fallout can be just as painful.
Key takeaway: Online affairs may not be physical, but they can still deeply impact trust and connection in your relationship.
The Legal Framework: No-Fault Divorce in Australia
Australian family law is clear: you don’t need to prove infidelity, abuse, or any other misconduct to file for divorce. All that’s required is that you and your spouse have been separated for at least 12 months, and there’s no reasonable chance of reconciliation.
Because of this no-fault system, the court generally does not consider reasons like virtual infidelity when granting a divorce. You can still mention it in your application if it’s relevant to the emotional context, but it won’t affect whether your divorce is approved.
Key takeaway: In legal terms, the cause of a relationship breakdown—whether virtual or physical infidelity—does not affect your right to divorce.
Need a Lawyer?
Can Virtual Infidelity Affect Divorce Outcomes?
While virtual infidelity doesn’t impact whether you can get divorced, it might influence other aspects of separation, particularly where parenting or property disputes are involved.
- Parenting arrangements: If the online affair has affected your partner’s parenting capacity—for example, if they’re neglecting the children to spend time online—it could be relevant to custody decisions.
- Property settlement: In some cases, if funds were spent excessively on the virtual relationship (e.g., sending money or gifts), this may be considered “wastage” and influence asset division.
However, courts are generally reluctant to dwell on moral judgments and will only take misconduct into account where it directly affects the children or financial fairness.
Key takeaway: Virtual infidelity may affect parenting or financial outcomes, but only if it has tangible consequences.
How to Handle Virtual Infidelity in Your Relationship
If you’ve discovered virtual infidelity, you may feel shocked, betrayed, and unsure of what to do next. While some couples choose to work through it with counselling, others see it as a sign that the relationship has ended.
If you’re considering divorce, you don’t need to justify your decision with proof of infidelity. However, speaking with a family lawyer or therapist can help you process your options and move forward with clarity—emotionally and legally.
Key takeaway: You don’t need to prove virtual infidelity to separate, but getting support can help you make informed, confident decisions.
The Emotional Impact of Online Affairs
The psychological toll of discovering a partner’s virtual infidelity can be significant. Many people experience grief, anger, shame, and confusion. Even though it may not carry legal weight, the emotional impact is very real and should not be downplayed.
You might question whether it “counts” if there was no physical contact, but betrayal isn’t limited to the physical realm. If you’re struggling with trust, boundaries, or your sense of security, professional support from a counsellor can be incredibly helpful.
Virtual infidelity may not be a legal reason for divorce in Australia, but it’s a valid emotional reason why many people choose to end their marriage. While the courts won’t examine the online affair itself, the consequences of that betrayal—broken trust, emotional distance, and conflict—often lead to the breakdown of a relationship.
If you’re navigating this complex situation, take time to understand your rights, seek legal advice if needed, and prioritise your well-being through the process.