VIC Separation - Wife Asking for Personal Belongings No Longer at Home?

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14 December 2017
Hi guys,

Was wondering if someone can assist me in this one.

My wife went to India in June 2017 and started to put unnecessary allegations on me. Her parents were forcing me to come back to India and reconcile. In Oct 2017, she came back to my house without even telling me along with her parents and brother and tried to gain access to the house. Fortunately I was overseas that time and she didn't know about it.

After finding this out, I thought I had enough and I sent an email to her stating that I have separated from her and I will file a divorce application once the separation period is over. I think after that email My wife has applied for intervention order by victimizing herself against me to save her spouse visa to which I will consent without admission, however she has provided me a list of personal property to return in which she has included some valuable stuff which she never bought and I have never seen. She is alleging that I have deliberately moved the valuable stuff from the house and it must be in the house.

I know magistrates court will not listen to this matter and will only instruct me to return the property, however what can she do after that and what are my rights if the property she is claiming was never in the house, in fact now that I search I even cannot find my personal belongings which I suspect have been taken by her before she left.

Any help would be greatly appreciated


LawTap Verified
27 May 2014
You will likely need a lawyer if she is already making, what are according to you, false allegations. You can apply for a property split now without waiting for a divorce.