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Customer Question

My parents have been married 67 years and this seems a phenomenal achievement but it has been a very unsettles one, right from when I was a child. My mother never left because she had no where to go in those early days and as the years dragged on it seemec ad though even though he had multiple affais she still was the 'one' married to him. he was quite well know and with a business so for a while they were well off.

As the years passed they had their reasonable times but every now and then he would blow up tell her to get out, he could look after himself, would get someone else and accused her of the sort of thing he was doing.

He has never actually hiy her I'm fairly sure but emotionally she has been devestated. being the sort of woman she is she never wanted to worry or bother my brother and I but she is now 88 yrs old has has a back operation which has left her with a bad leg so she cannot walk without a cane, has suffered from a cancer brought on by his 'activities' and though she looks after their unit well, cooks for him and cleans up after his 'mess' in the toilet and bathroom areas he sees it as what she is supposed to do. Occasionally he will help but it nevers lasts and he is out most of the day while she is stuck at home as she cannot drive because of the bad foot.

She tells me all she wants is a little unit or retirement village place (their names are XXXXX XXXXX that) so that she doesn't have to look after him any more and can have a bit of peace. I take her out quite a bit and she loves that but she still goes home to the same treatment.

What I would like to know is how would she go about lodging divorce proceedings, what is involvedetc and how would she ensure that he didn't ake all their money out of joint accounts if he found out she was doing that.

I have a friend who works in a refuge and she has given me some alternatives but we need to know of the legal requirements and steps to take. I think she deserves a break and perhaps my father who I get on with OK as a person may need assessment by ACAT or something-he is getting worse but has always been largwly like this.

Could you give me some advice as to whom I should contact to try and find a way through.

 

Optional Information:
State or Territory: New South Wales
What have you tried so far?: I have tried talking to my father and suggesting that they enjoy their later years together withour his references to sex etc which is where his mind seems to be (he is 91 but very healthy as he is looked after so wwell)

Submitted: 275 days and 4 hours ago.
Category: Australia Law
Value: AU$94
Status: CLOSED
Expert:  RJBLAW replied 275 days and 4 hours ago.


RJBLAW :

Good morning. IN Australia, the ground for divorce is that the marriage has "broken down irretrievably" which is evidenced by 12 months of separation. Separation can be "under the one roof", but proof of a separate existence is required in the form of 2 affidavits for a divorce to be filed. If a separation occurs, property settlement negotitations can commence immediately and it would be wise to start with a listing of assets in order to establish the pool of assets to be negotiated. There are a number of counselling services which may also assist in these difficult circumstances. I trust this has been helpful, please accept or advise further query/

Customer :
RJBLAW :

I am available to answer your further query, if any.

Customer :

If I was to leave this chat session later I have realised that I don't know how to get back on.I assume the number I have been given is the password-can you advise please.

RJBLAW :

Yes, correct. Can you please favourably rate my answer, so I may be compensated. Thank you.

 
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