NSW How to Go About the Separation Process?

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maria18

Member
28 October 2016
2
0
1
Hi everyone,

As everyone else on this website, I need help.

I am 32 years old and announced separation 1 week ago. I have been married for 14 years. When we got married, none of us had anything so we started with 0. My husband started his own painting business over 12 years ago, and earned very little money for the first few years. I was working at the time and earned more than him.

About 8 years ago, we purchased our first unit and after 4.5 years, we paid it off completely (luckily he had a big contract and earned good money withing 1 year to help pay it off.) His business picked up since then and after we bought a house and kept existing unit as an investment.

I started working 3 days a week instead of 5 since he earns good money. He said that I don't need to work anymore but I still continued to work 3 days a week. We decided to renovate and build an extension to our house. We are still in the process of building it and looks like it will never finish, so the house is unfinished but we live in it.

All these years, I was cleaning, cooking, washing, etc (all housework duties are mine, he doesn't help with it as he thinks it's not a mans job ), also he lost his drivers licence 4 times during our married life and I was the one who drove him to work and from work and in between. My dad helped us for free with renovation as a handy man with our first unit and is helping to build our house and all for free.

My husband always had problem with alcohol and drugs and recently, I found out he is using ice. During our marriage years, he verbally abused me, hit me 4 times in the past and calls me nasty names almost everyday and threatened me. I never complained about it and used to cry when no one sees me. He is also very controlling husband.

So now I decided enough is enough and announced separation a week ago. He took it very badly. He said that if I don't like something, I should pack my personal belonging and leave and that I will not get anything in terms of money or property as he is the one that pays mortgage and pays for reno/construction and I don't earn enough money so i am not entitled to anything.

He left for 3 nights and today he came back. I tried to talk to him but he will not talk back, he just ignores me completely.

Please help, am I entitled to anything in property settlement? Can we sell a house if its still under construction?

In the past he mentioned that he will stop paying mortgage and the bank will take all property. Should I wait a bit longer to see if he decides to talk or should I start looking for lawyers now?

I don't have a lot of my own savings to pay for lawyers.

Any information will be much appreciated.

Thank you so much in advance.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Any children of the marriage?
 

Alan Blumberg

Lawyer
22 October 2016
14
2
34
New South Wales
You really need to get proper legal advice, Maria. Be very careful of general guidance in your situation. Some lawyers will wait to be paid from your settlement monies.