Australian Wife - Divorce Settlement

[SeanG]

Hi,

I am a non-Australian citizen, married to an Australian citizen.

We met and married overseas.

My wife has quite a lot of wealth/assets - a lot more than I do - all of which were covered in a prenuptial agreement.

We have been together 4 years and we have 2 kids, aged 1 and 3.

My wife has not worked or contributed financially since we met - though she has been a stay at home mum.

I have provided plenty of support around the house and for most of the time she has either had me or a domestic helper (paid from my salary) helping out.

Now my wife is basically done with me.

We evacuated back to Australia due to COVID and since she has been back there she has begun to cut off/reduce communication and is demanding half of our "joint" savings. I already transferred her a significant sum some months ago and I am paying for 100% of her up-keep in Australia - rent, food, clothes etc.

She is not ready to work and seems to expect me to send her the money to keep living while I work.

The thing is, I want to be close to the kids and to do so I have to leave my job and relocate to Australia at significant expense.

My visa options are a) spouse visa - but this will prove difficult since we are becoming estranged, or b) a parent visa which costs around AUD 50k.

I want to support my kids, but I also don't want to be financially wiped out by this move.

Can my wife demand that I pay her half of our "joint" savings (fully earned by me) - or do I have a case that, since I have to move there to be close to my kids, and since she's relatively wealthy (owns an apartment in Australia etc.), can I argue that I don't need to pay this as I am facing a significant financial burden in relocating?

Thanks

 

[Atticus]

Can my wife demand that I pay her half of our "joint" savings (fully earned by me) - or do I have a case that, since I have to move there to be close to my kids, and since she's relatively wealthy (owns an apartment in Australia etc.), can I argue that I don't need to pay this as I am facing a significant financial burden in relocating?

She can demand anything she likes & you can refuse anything you like, but, yes, if you want to relocate here then it's perfectly reasonable to suggest that you will need funds in savings to assist the relocation .... I guess you will find out for sure if she wants you here when you suggest the move & a spouse visa ... That would be my first step.

 

[Poidah]

My visa options

Sounds like a visit to the Australian embassy or consulate near you would be worthwhile.
There are other visas to look at. Are you able to qualify for skilled migration? Do you have enough points or are you able to set up a business here? Its better to get the equivalent job or transfer to Australia, so you can negotiate access and payments using the systems here.

Have you asked her whether she would support you in your relocation?
Would be good to have that refusal on email or something more official, then you can negotiate the joint savings. If she did not contribute to the joint savings, it seems unreasonable that she has access to it, especially due to relocation costs. Pre-nups usually do not cover child support payments, but sometimes there are broad agreements and agreed principles? It might be a helpful guide for you now? It would be easier to negotiate access and child support if you are in Australia though, but you will have a massive financial hit.