VIC End of marriage and returning overseas

Discussion in 'Family Law Forum' started by ElleB, 11 November 2019.

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  1. ElleB

    ElleB Member

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    Hi there, I would like some advice please. I am from Scotland and have been living in Australia with my Australian husband for almost 20 years on a permanent visa. I have recently returned to Scotland as my father was dying. During this time away I met someone else and as a result I have come back to Australia to end my marriage. I have two children (aged 17 and 14)to this marriage and the children wish to stay in Australia. I will be returning to Scotland very soon to start a new life with my new relationship. My question is surrounding abandonment. Leaving my children here with their father isn’t considered abandoning their child is it? I have spoken to our children and have agreed to have daily video calls etc.
    Also I would like some advice on how assets are divided here. As my husband is telling me I’m not going to get anything much. Many thanks
     
  2. Tremaine

    Tremaine Well-Known Member

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    Abandonment isn’t a thing in Australia, at least not in the context of family law, but if you’re leaving the country, you might consider signing parenting orders that grant the father sole parental responsibility so he can make decisions about the kids on his own. You will be liable for child support as well.

    Division of property can be whatever you and he agree to. If you can’t agree, you’ve got 12 months from the finalisation of the divorce to file for a property settlement at court. You should get legal advice to get an idea of what a fair settlement might look like for you.
     
  3. ElleB

    ElleB Member

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    Thank you kindly for your replies. Very helpful.
    Can I ask if the child support is income linked? I will not be in employment initially when I return overseas.
    Also what are the consequences of going bankrupt in a small business? Would this be detrimental to me in the UK?
     
  4. Atticus

    Atticus Well-Known Member

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    It is assessed based on both parents income & level of care... Child support terminates at 18, so assuming the 14 year old stays full time with dad, you can use this estimator to get a pretty good idea of what your liability will be

    Child Support Estimator
     
  5. ElleB

    ElleB Member

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    Thank you very much for your help.
     
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