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Separation, Divorce, Domestic Violence - What am I Entitled to?

Discussion in 'Family Law Forum' started by SDK, 13 May 2014.

  1. SDK

    SDK Member

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    Hello there,
    I recently had a domestic violence being done to me, because of hurt and fear and desperation when my husband kicked me out of the house I ran to my neighbour for some help. The next day I was suggested to go to the police to ask for help to escort me to get my personal belongings. Turns out they ended up arresting him for interview and we have to go to the court for intervention order (restraining order) even though I clearly stated I do not want to press charges on him.

    I am totally new with all of this matters and didn't think of the consequences of the law action towards my husband. I was emotionally broken and aren't able to make decision so I just follow along to what the people around me suggested me to do. I still love my husband even though it's getting more obvious that he doesn't have the same feelings towards me. He is the one with the money, I am new in Australia for only about 20 months. I wasn't allowed to work for a year, and have no savings or any financial security. Originally my husband didn't want to allow me to take anything from him including the car that he bought me (still on his name), but the police said I must take the car because it is my car. And after two weeks later he gave me some cash.

    My question is:
    What must I do in my situation? I am staying with friends, unemployed (still looking for work), and no family. My husband is in a stable income, own the house, own both the cars, no debt. I try to reach out to him but my self value become less and less in his eyes. He ignores me 98% of the time. Can you give me legal advice about what must I do and what am I entitled to in a property settlement?
    Thank you.
    SDK
     
  2. CathL

    CathL Well-Known Member

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    Hi SDK,
    You can apply to the Family Court for financial orders, including orders relating to the division of property and payment of spouse maintenance (if you can't reach an agreement, with your husband). Usually a party applying for a financial order is required to attend dispute resolution first, but there is an exception if there are allegations of family violence. The Family Law Court site also has some useful information on family violence.

    Which State are you based in? You can find your closest Legal Aid office in your State as well as Womens Legal Services Centre that could give you legal advice and provide you with practical support.

    Hope this information helps.
     

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