NSW Separation

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Annita

Well-Known Member
9 February 2020
33
0
121
Pls can someone give some advice, a family member has been told by his wife that she wants a separation. They have two children. She has told him that he is a bad husband and father and wants him out by end of week. She says she doesn't love him any more. He is a great person who loves his children and job. He put his wife through University when he was the breadwinner and since she graduated she became breadwinner and he was on a menial job as they moved round to chase her career. Hence he is now on a low wage and does not have much money of his own. Now that he is being kicked out what are his rights as a father on a lower wage than wife and where does he stand regarding his children and a possible divorce. Financially, legally, what can he do.
 

Annita

Well-Known Member
9 February 2020
33
0
121
P.s they are renting. Don't own property. Looks like she controls the money.
 

Atticus

Well-Known Member
6 February 2019
915
147
2,394
We have a no fault divorce system in Australia.... The legalities of divorce is that they must be separated for 12 months before an application is made.... The mandatory 12 month separation period is enough to satisfy the court of irretrievable breakdown, so once an application is made & a date set for hearing, the divorce will be granted one month & a day later

Regarding the children... How old are they?.... Is he in a position to take on the role of primary carer?... Does he want to do that?

Financially... How long were they married?... Did either party bring any significant assets into the relationship (even if they no longer exist) ?..... Much in the way of savings?... Superannuation?
 

Poidah

Well-Known Member
9 November 2017
77
3
294
Qld
wants him out by end of week
He can refuse to move out of the family home.
He has rights to stay in the home, even if he is not on the rental/mortgage paperwork. He should do as much as possible to be separately involved with the kids now, contact the school, health care, gov, etc. Does not really matter that he has a menial job, he probably has spent more time with the kids and mean more to the kids in the scheme of things possibly. What's more important is whether he wants to save the marriage or not, and whether he still has feelings...