WA Can Husband Divorce Me Without My Consent?

[Jasneet Kaur]

Hello there,

I am an Indian national. I got married in Indi,a then me and my husband got a visa to stay and get a permanent residency in Australia. From the very first day, he started treating me like his slave and dividing our spending by saying he will not take responsibility, even if it's money or something else, like he signed a contract marriage with me.

In 2014 I came to Australia with him for the first time and lived like I was in hell with him for another 2 years and when we got our residency, he left me at.midnight. He called me and said his mission is complete, so we should separate. I don't know where is he.

His family in India is not ready to meet my family in India. My husband is hiding himself, not ready to come meet me or my family in India to take any further legal actions with regards to our marriage because he knows he will suffer if in case he flies to India. I have no option to do.

I know in Australia that a marriage ends in a year if the couples are living separately. He left me on 31st May 2017.

Please help, what can I do? If I don't give my consent for the divorce, will he be able to get it on his own? How can I stop him ? Awaiting your response

Regards

 

[Carmel Torney]

Hi Jansneet
In Australia both parties do not need to provide consent for a divorce to occur. One party to a marriage can apply for a divorce after they have been separated for 12 months and the marriage has irretrievably broken down.
There are some requirements such as one party is living in Australia or is an Australian citizen.
He will need to organise someone to serve you with a copy of the Divorce Application if he applies.
Divorce is the formal ending of the marriage. If you have property and financial matters to be sorted out you have 1 year after the divorce is final to do this.


Any response provided is information only and should not be considered legal advice. You should obtain legal advice specific to your circumstances before making important decisions.