QLD Wife on Spouse Visa - Divorce Entitlements?

[dav]

My wife and I got married in Australia 1 year ago. She is from Thailand, I am from Australia. She is on a spouse visa, still has not been processed by immigration, but has applied for residents visa.

I want a divorce. I own properties - is she entitled to any of my assets?

 

[Sarah J]

Hi Dav,

Under Australian law, I would say, maybe. If your marriage is recognised in Australia, then she is entitled to the same rights as a wife who is Australian. Take a read of this article on property division and settlement to understand more about the process: Property Settlement After Separation - Agree Now, Don't Pay Later - Blogs - LawAnswers.com.au. Alternatively, you could contact your local community centre for some free advice.

To get a divorce in Australia, you and your wife must have been "separated" for at least 12 months and convince the court that there is no reasonable likelihood that you will rekindle your relationship.

Given that you and your wife has separated, and that your wife is on a spousal visa sponsored by you, you or your wife need to contact the Department of Immigration immediately and let them know of your change in relationship status. This notice of separation will also help you in your divorce application (as evidence that you ahem separated from your wife).