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VIC Divorce After Birth of Child - What to Do?

Discussion in 'Family Law Forum' started by Sahitya, 19 March 2016.

  1. Sahitya

    Sahitya Member

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    Hello all,
    6 years ago, my husband and I married in India. Our marriage is a court marriage. Then on a spouse visa, I went to Australia with him. He has an Australian citizenship.

    The first few days were normal but then he started showing his colors. He was behaving strangely. For simple reasons, he makes a fuss out of nothing, He's even thrown me out of our house and tortured me mentally. Still for the sake of our relationship I survived all his abuses (he even beat me ). After a few months, he was again behaving normally.

    One day, he would be loving and another day he would abuse me. Anyhow, things went until last April. We got blessed with a baby boy in Australia. After 5 months I came back to India to show my child to my parents and within 2 weeks, he sent me a legal notice saying the marriage is broken.

    Now I replied that I have not called it off and I am not ready for a divorce. but again he sent notices.

    He cancelled my credit card which was on our joint account by applying as lost in the bank. Now he has taken all the money which Australian government has given for the birth of my baby.

    We have a house where I am also paying the EMI. Now I am afraid to go back there as I fear he will involve me in legal cases and I don't have courage and money to do so.

    Is there anything I can do under Australian family law for such cases?
     
  2. AllForHer

    AllForHer Well-Known Member

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    So, in Australia, divorce is on a 'no fault' basis, meaning it will be granted if it is shown the relationship has broken down irretrievably, demonstrated by 12 months of separation prior to the application for a divorce being filed. The Australian Family Court won't force a party to remain married, and as such, it does not require the consent of both parties to make a divorce decree.

    The divorce may or may not accompany other proceedings, including a property settlement and parenting orders under Australian family law, but the decision to abscond from Australia with the child to India creates some very substantial complications. I would suggest getting legal advice about this.
     

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