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VIC Family Law - Husband Committed Centrelink Fraud - Advantage to Filing Divorce?

Discussion in 'Family Law Forum' started by tarahyatt, 10 February 2016.

  1. tarahyatt

    tarahyatt Active Member

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    My husband is emotionally abusive and I am planning to leave the marriage (he doesn't know this yet). Recently I found out that he applied for a single rate disability pension last year and put on the paperwork that he separated from me in 2012 and provided a different address on the paperwork.

    I know this is fraud and have contacted Centrelink but I'm also wondering if I could use this to my advantage under Family Law (I have photos he took of the form when he submitted it and all his Centrelink mail goes to the address he gave them which is not his address) and filed for divorce instead of having to be separated for 12 months as he has told government agencies we are not together?

    Thanks in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sorry, just to clarify, you're hoping to prove your separation occurred more than 12 months ago in order to attain a divorce faster than you otherwise would, is that correct?

    This is sticky.

    First, you don't need to provide evidence of your separation, but your application for a divorce is made under oath before a Justice of the Peace, so if it contains false information, you would be committing perjury which is a criminal offense.

    Second, a divorce application must be served on the other party before it can be processed, and they then have the right to refute the application or the details contained within it. If your husband contests the separation date, then you would be required to produce evidence of your separation.

    If he doesn't contest the separation date, then he can use your divorce application to prove the separation date and that his payments from Centrelink were not attained under fraud.

    If he does contest the separation date, and you provide his application to Centrelink to prove the date of separation, then it will either undo Centrelink's case for fraud, or it will show that you committed perjury in your divorce application.

    So, in short, you're better off just waiting out the 12 months for separation and then filing for divorce.
     
    Nick Handson likes this.
  3. tarahyatt

    tarahyatt Active Member

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    I have tried to separate from him three times since Dec 2011, but he refuses to leave or let me leave. Anytime I try, he makes false abuse claims to DHS and makes my life hell.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Although those circumstances are unfortunate, it is what it is. The law will not grant a divorce unless you've been separated for 12 months.
     

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