Saturday, July 31, 2010

Legal advice about separation/divorce in Australia?

Hi, I was married for almost 4 years. SInce July, me and my husband have been separated. We are now trying to sort out about our stuff, specially money situation.


The only thing I know is that to apply for the divorce, we have to be separated for 12 months.


Does anybody know my rights in this case? I am not australian (but i have permanent visa) so i dont know exactly the laws.


My husband wants to stay with everything we had....and give me a certain amount of money (half of the value of the total).


I want to know my rights first...I dont want to have anything else than what it is fair in our break up. I am afraid to agree with him and he be in a good situation. I am the one without job beacuse i was studying full time and also no money saved.


Could anybody help me? I just would like to know what are my rights.


I was going to talk with some lawyers about it but i had to leave australia because my mum is sick at the moment...that makes the situation worse.Legal advice about separation/divorce in Australia?
You really do need to contact a lawyer - any advice received over the internet could be incorrect, inaccurate or generalised.





Generally each spouse is entitled to half the assets - however this can be made more complicated if the assets are in the other persons name, or if one person contributed significantly more to a purchase than another. It can also depend on the specifics of the divorce, was it mutual, did it involve cheating, violence etc?





I'm sorry I could not give you any more info, but like most areas of law, family law is very complicated and the only person who can give proper and relevant advice is a family solicitor.
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