How do I go about leaving (separation and divorce) my husband under family law? I have no job and a 5 year old son in kindergarten. Can I request a payment from him e.g. $200pw to help cover rent costs in a new place for my son and I?
If you separate from your husband and gain custody of your child, it is likely you will be entitled to some type of child support payments. However how much that will be and whether your partner will be forthcoming with the payments is something that you will need to work through.
If you ultimately want to divorce your husband, separation is the first step as you need to be separated for 12 months and 1 day in order to apply for a divorce. If you were married for less than two years extra conditions apply.
You don't require any formal certificate to say that you are separated. However you will need to prove that you have been separated for the required amount of time if you are going to apply for a divorce. You should start by advising Centrelink, the Child support Agency and Medicare that you are separated. You will also need to divide your property and sort out financial affairs including determining how your debts and loans will be paid. You will need to advise banks, superannuation and insurance companies of your separation too.
There are many things to consider, and you should get as much information as you can from free resources including Legal Aid so that you know your rights.
As Sophea explains, there are timing requirements in order to legally divorce, and practical matters to consider as well
If the divorce happens, your husband may still have financial obligations which continue after the relationship ends. The Family Courts can make orders in relation to property settlements, child support payments, spousal maintenance payments, and other matters. If you have not been employed but have had primary care for the house plus your child and as a result you have limited capacity to support yourself financially, these factors would likely be relevant to a Court assessment of your contribution and ongoing needs, though you cannot be certain as to any outcomes
If you have an urgent, pressing need for alternate accommodation but have no money that you can access, you might consider asking a family member for assistance or otherwise dialling an emergency assistance hotline
Thank you for your replies. I appreciate the time.
My story is a long one so I will try to keep it short. I have been with my husband for 14 years. I noticed a change in my husband when I had gotten pregnant and when my son was 2 my husband was diagnosed with a brain aneurysm. He had surgery and his aneurysm has decreased in size and still is. I put down all the bizarre behaviour to the pressure against his brain however I thought since hes getting better his behaviour should but it seems to be only getting worse. It has gotten to the point where I think he may have an undiagnosed mental condition. Passive aggressive is what comes to mind. He has even said so himself. However living with him has become unbearable as Im not sure what could happen next. He will come to bed all sweet to get me talking and then he'll abuse me verbally, threatening and It has come to the point where I feel scared to be around my husband not knowing what hes going to react like. He has not hit me though.
I have told him I want to move out and he agreed and said he is happy to help me with the application. I told him I only need $200pw from him and I will do the rest. He said he will pay whatever the rent is as he doesn't want his son to live in a run down place. However this is not realistic as we are on a low income and he can not afford to pay 2 separate rental costs. Next thing I know he tells me he will let me move in and wants to take the credit for the move. and in a few weeks will come and join us. So I am finding it very hard to leave as he then changes and becomes the 'nice guy' only to then turn on me at some point. It has gotten to the point where he refuses to let me sleep at night tells me things like im crazy and need help, im a weak mother and am struggling with school, Ive been hearing this for a while and it is starting to interfere with my ability to care for my son as im always tried and drained, and I feel I need to get away from him but feel trapped because my son needs to go to school. He has also interfered with the school and alienated me and my sons teacher/principal so I cannot ask them for leniency. I have no family nearby and I want to move so I can be near some friends. But I cant do this until I've got my own place and then I can have my son enroled in a new school as well.
Is there a legal paper that my husband could sign to make it a permanent payment from him? As I may not be able to afford the lease on my own without his help.
Your help with this is much appreciated as I really don't know where else to turn.