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I need desperately to separate from my husband due to irreconcilable

 
Daniel's Avatar
  • Answered by:Daniel
  • Solicitor
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  • Accepted Answers: 2311
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in Australia Law

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Customer Question

I need desperately to separate from my husband due to irreconcilable differences. I am trapped in a home where I rely mainly on my husbands income. I have begged him to sell our home and a small investment property, however he refuses to budge which leaves me without sufficient income to support myself. I have one dependant child of 15 years of age who would stay with his father. I need advice as to the steps I can legally take to end the marriage and be given my due share of our assets. I am treated an an incompetent and ignorant slave. I am 53 years of age and have suffered from depression for many years. My husband totally ignores my desperate pleas for help and support and I simply cannot take his denegration any more. Please assist me in escaping from this cage. My husband does not know I am seeking advice. I am too frightened to tell him as I am afraid of his reaction.

Sincerely

Laree Sernaggia

 

Optional Information:
State/Territory: Tasmania

Already Tried:
Received counselling without success. I have no friends I can speak to as my husband is housebound to the couch and TV. and refuses to socialize. I have nowhere to go and am afraid to leave my part-time job in case I become unemployed. I do 90% of the housework, cooking and financial management, and then hide in my bedroom for hours. My husband and I have no form of normal relationship and he has told me that he has no intention to moving from our home of 23 years.

Submitted: 354 days and 18 hours ago.
Category: Australia Law
Value: AU$94
Status: CLOSED

Accepted Answer

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Expert:  Daniel replied354 days and 17 hours ago.

Hello

Due to the duration of the marriage and your contributions to the home and relationship, including the child, as well as working part time, you are entitled to around 50~60% of the assets. You should seek a lawyer and propose this to the husband or face court action in the family court.

For now, if you are being threatened or fear for your safety you can get the police to file a restraining order against him to leave the home.

Please accept.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 89.4 %
Accepts: 2311
Answered: 6/30/2012

Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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