NSW What is the Likely Outcome of Our Divorce?

[xavvier]

Hi,

I would like to know what to expect during a divorce.

We are couple for almost 7 years, married for 5 years and we have a kid of 3 years old. She found a new man, so she wants a divorce now.

I lived with her in her country for 4 years and I didn’t get a job, just some cash on hand job. She was working full time and make good money so I relied on her. We got married in her country. My kid was born and I took care of her until now. She speaks my language.

We arrived in Australia 2 years ago. For the first year, she did some studies and we applied for a Permanent Residency. I didn’t work - I just took care of my daughter. After our student visa, so she got a casual job and I studied English and took care of my kid.

We got our Permanent Residency finally. I got a job for 2 month as a kitchen hand. I lost the job and we bought a shop for selling food in the market and it didn’t work. We kept it for 3 months and sold it.

She found a full time job, so we moved to NSW, in the countryside and there aren't many jobs in the winter. She found another better full time job and she kept her old job as a casual job.

She has 2 job and I take care of our kid.

Finally, I followed a short course for getting a job. During all the time I am with my kid, I care for her and study 2 days a week.

We have a new car from the shop and we have an off plan apartment coming. The rent money is a very big investment, we need to buy this apartment or we lose money.

We love our kid.

She doesn’t want to share all our money because she worked for it she wants more than 50% and share our kid at 50% of the time. At the moment, I have an injury, so I cannot work. She gave me time to get better and paid all the bills and rent.

I am with my kid and she left the house. She comes for a few hours a day to see our kid.

She tells me she can take our kid anytime and leave me alone at home. I really don't know the law here.

I am totally dependent on her. I am a house husband. All my time is for caring for my kid. After my short course, I will have a very good opportunity to get a job once I recover from my injury.

What is the likely outcome of this divorce? How can we share correctly? Any help for me? What can I do?

 

[Flickery]

I hope someone will come in here soon and give you some help.

You have been long term primary carer of your child and she is still young (only 3y) so you should continue to have more than 50% care of her.

Also you should get more than 50% of the money (assets) because you are not yet able to support yourself and your daughter financially.

I’m not sure what you can do about the off the plan apartment. You need to seek legal advice about all of this very soon - call Home - Legal Aid NSW - they can help you and it is free. Tell them you need help with a Family Law matter.

 

[xavvier]

Hi,

I appreciate your time and opinion. I know your time is precious.

Thank you

 

[xavvier]

I hope someone will come in here soon and give you some help.

You have been long term primary carer of your child and she is still young (only 3y) so you should continue to have more than 50% care of her.

Also you should get more than 50% of the money (assets) because you are not yet able to support yourself and your daughter financially.

I’m not sure what you can do about the off the plan apartment. You need to seek legal advice about all of this very soon - call Home - Legal Aid NSW - they can help you and it is free. Tell them you need help with a Family Law matter.

Thank you for this opinion. It looks good for me . I will see Legal Aid NSW anyway soon. I just want to know because I am a man and she tells me she is a mother, so she has more rights to our kid and the money and because she works, she can have our kid easily and I cannot do anything. Like I will accept what she gives me.

Thank you Flickery for your time. You are very patient for reading my post.

It gave me an idea. I need more ideas.

i am not familiar with the law in Australia and I've very scared. Now I have to stay here for my girl.

 

[Rod]

Recommend you get a lawyer to tell you what rights you have.

You are looking at divorce, property split, parenting orders and possibly spousal maintenance. All are separate, although related in Australian Law.

 

[larrylarry]

Hi,

She tells me she can take our kid anytime and leave me alone at home. I really don't know the law here.

I am totally dependent on her. I am a house husband. All my time is for caring for my kid. After my short course, I will have a very good opportunity to get a job once I recover from my injury.

What is the likely outcome of this divorce? How can we share correctly? Any help for me? What can I do?

She can't just take the kid away from you. See below.

Going forward, you will need to attend a mediation with her for the purpose of coming to a parenting agreement. If mediation fails, you get a S60I certificate that allows you to bring the matter to Court by initiating application. Family Consultant may be involved to provide the Court some insights into the family relations and the needs of the child - When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child."

See a family lawyer for appropriate advice.

FAMILY LAW ACT 1975 - SECT 61DA
Presumption of equal shared parental responsibility when making parenting orders
(1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

Note: The presumption provided for in this subsection is a presumption that relates solely to the allocation of parental responsibility for a child as defined in section 61B. It does not provide for a presumption about the amount of time the child spends with each of the parents (this issue is dealt with in section 65DAA).

(2) The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in:

(a) abuse of the child or another child who, at the time, was a member of the parent's family (or that other person's family); or

(b) family violence.

(3) When the court is making an interim order, the presumption applies unless the court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that order.

(4) The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

 

[xavvier]

She can't just take the kid away from you. See below.

Going forward, you will need to attend a mediation with her for the purpose of coming to a parenting agreement. If mediation fails, you get a S60I certificate that allows you to bring the matter to Court by initiating application. Family Consultant may be involved to provide the Court some insights into the family relations and the needs of the child - When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child."

See a family lawyer for appropriate advice.

FAMILY LAW ACT 1975 - SECT 61DA
Presumption of equal shared parental responsibility when making parenting orders
(1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

Note: The presumption provided for in this subsection is a presumption that relates solely to the allocation of parental responsibility for a child as defined in section 61B. It does not provide for a presumption about the amount of time the child spends with each of the parents (this issue is dealt with in section 65DAA).

(2) The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in:

(a) abuse of the child or another child who, at the time, was a member of the parent's family (or that other person's family); or

(b) family violence.

(3) When the court is making an interim order, the presumption applies unless the court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that order.

(4) The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the child's parents to have equal shared parental responsibility for the child.

Larrylarry thank you for your time and help.

I am getting more ideas on how the law works here. I don t know how to start the divorce because I read it takes years.

What to do if she takes out the money in her bank?

 

[xavvier]

Recommend you get a lawyer to tell you what rights you have.

You are looking at divorce, property split, parenting orders and possibly spousal maintenance. All are separate, although related in Australian Law.

Thank you a lot for your time and where I should look is very helpful.

 

[larrylarry]

Larrylarry thank you for your time and advice .

I get more idea how it works the law here .
I don t know how to start the divorce because I read it takes a years.

What to do if she takes out the money in her bank ?can be here or in oversea .

You need 12 months of separation before you can apply for divorce.

When it comes to full and frank disclosure, she will need to provide 3 years of bank statements, etc. prior to the initiating a property settlement.

You can then bring arguments later about the money.

 

[sydman110]

I would discuss and settle the matter for +/- 10%, try to solve it by yourself... I alone worked since we got married and she still asks 80% when I agreed to give 70% but still too greedy...