My ex cheated on me. Will I get a better settlement because it was their fault?

Infidelity is always painful, and I am sorry to hear that this happened to you. Unless you have a cohabitation agreement with specific terms around infidelity, then no, you will not get a better settlement because she cheated. BC is a no-fault jurisdiction which means that the courts are not concerned with why people are ending their marriage. While technically possible to divorce someone for infidelity, it is very rare because you would need to prove the infidelity and it has little or no benefit to do so.

BC Courts are not punitive, they simply take existing law and apply it to your specific facts. The resolution of your family law matter will depend on the facts of your case and the applicable law – it will not matter why the marriage ended.

Pro tip: divorce and separation is a very stressful and emotional time. It is difficult to make decisions when your body and brain are overwhelmed by powerful feelings. Find someone that you trust like a close friend or relative or a lawyer to help you make decisions – their perspective may be invaluable.

Any guidance provided is not covered by solicitor–client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter, please contact us to arrange a consultation.

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