QLD What Does the Law Say About Separation?

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Miss

Member
31 December 2016
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Sir/madam,

I want to ask about the divorce law here in Australia. What is the right of the wife and the husband? This is about my fiancé and his ex. They were married in Philippines, then they came here to work until their citizenship was granted.

After 10 years, they don't have a child, so the husband decided that they needed to separate just because their relationship was getting worse and never worked. After two years of separation, both of them found their own partners.

His wife is now living with this man now, and it started in Sept 2015. Then me and my fiancée started living together here in Australia when my tourist visa was granted I just came here in Dec 05 2016.

Yesterday, together with our partners, we talked about the divorce and settled an agreement of separation. The ex-wife was asking for payment for 2 years because she said that her husband abandoned her. I don't know the law for separation and divorce here because I am only a tourist.

Thank you so much.
 

sammy01

Well-Known Member
27 September 2015
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just tell them to get divorced. He can do a sole application. Don't pay her a cent.
 

AllForHer

Well-Known Member
23 July 2014
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Neither party has a right to spousal maintenance in Australia. Spousal maintenance is only paid by agreement or by court order. Thus, if he doesn't agree, she would have to go to Court to attain it, and the likelihood of success is extremely low in the circumstances you've described.

Long story short, file for divorce and forget the request for spousal maintenance.
 
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