SA Signature under false pretences

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Kat May

Member
23 February 2019
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This is a long one. My husband and I separated in October 2014- we were married in March 2013. I filed the financial settlement which was finalised in May/June 2016. Recently, he approached me with the divorce paperwork (December 2018) which I signed and had witnessed. He is, as far as my knowledge goes, yet to file the divorce paperwork.

Three weeks ago, he contacts me about said paperwork. He then goes on to confess over two days that the marriage ended due to my suspicions- he was having an affair. Back story: I moved out of the home we bought together for his ‘new girlfriend’ to move in less than 3 weeks later. Everyone was always suspicious, but he has denied it over the last 4+ years. He has now confessed his wrongdoings AFTER I have signed the divorce paperwork. I also find out hours later through a friend that he and the girlfriend are pregnant. This is information he deliberately held from me until I signed the paperwork. I signed in December, and they made their announcement months before that. I did not know as I have him removed and blocked from all social media and contact, apart from the divorce proceedings.

He also, in the time before the house was settled, renovated the house that was legally still in both of our names, while the settlement was going through.

Is there anyway I can stop my signature being accepted with these late facts? He deliberately withheld all of this information until the paperwork was signed and (almost) completed. Am I able to seek compensation for the years of my life I lost believing I was at fault for our marriage breakdown, when he’s just now informed me he was 100% guilty

Please, let me know.
Kindest regards
Kat
 

Rod

Lawyer
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27 May 2014
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No, these facts are not material to the 'no fault' divorce we have in Australia.

You are probably better off anyway completing the divorce from him.

What you should focus on is a property settlement as that must be done within 12 months of divorce.