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VIC Divorce with Wife - Compensation and Lawyer Fees?

Discussion in 'Family Law Forum' started by Ritu, 3 February 2016.

  1. Ritu

    Ritu Member

    3 February 2016
    Likes Received:
    I have been married for 5 years. I used to live in India, now I have an Australian Citizenship. I have a 2-year-old boy. My wife has a problem with her mental health. She acts violently sometimes, talks rough and is abusive.

    We plan to get a divorce. She is a student and I've been the only one earning for 5 years. I pay for everything. I bought a home and I pay the mortgage. Now she is asking for compensation. She wants my son, too.

    I do not trust her behaviour. How can I get out this terrible situation under Family Law? How much will I have to roughly pay for compensation? How much are the lawyer fees?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    It's not compensation. It's a property settlement. The wife will be entitled to file for a property settlement which will likely see her granted a significant portion of the shared asset pool. The court considers the following four questions when determining a property settlement:

    1. What's the value of the shared asset pool?
    2. What are the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    As you will see, the claim of mental illness has little influence in property matters, and your financial contribution is just one factor of many. Who will care for the child in future will have an influence, as will the wife's non-financial contributions, such as housekeeping and child rearing.

    Lawyer fees for a property settlement can vary, anywhere for $5000 to $50,000. It depends on how long the matter is litigated for and how much work is involved from your lawyer.

    A person has 12 months after a divorce is finalised to file for a property settlement. You must be separated for at least 12 months before you can file for divorce.
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    Ritu likes this.

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