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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5362
Experience:  Dip Law LPAB - Sydney based lawyer
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MY wife and I are seperated, we can divorce in October this

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MY wife and I are seperated, we can divorce in October this year, I have tried hard to reconcile with her like taking her for a 5 week trip to Europe, and like sending her urgently money to china 2 weeks ago. She has been going out with people at her work place,Ikea, where she has told them or implied that she was not married. I printed a picture of her on a T shirt and wore it when I went to Ikea to shop, the guy that helped me load my car recognised the picture and asked me did I know the girl, I said yes and told him that she was my wife. My wife is angry that her lies have been found out and has threatened to call the police if I wear the t shirt again. Is wearing the T shirt illeagal ? if she calls the police can they do any thing ?, she has previously call the police for no other reason than I ignored her calls for a day She does have a bit of a mental problem and I have tried to get her to see a psycologist, she has also agreed she has a proble, she is also an acompledged liar. I now believe she married me just to get her PR, while we were together she was telling people behind my back that she was not married, I do not believe she has had sex with any one in Australia but she does associate with at least one of her prostitute clients when she goes to China, she was a UNI student when I met her and prostituted on the side, when she first came over here she used one of my PC's and left her message sites open so I printed the data and still have it, she has said she is going to legal aid about our situation, maybe if she gets me in court every thing will come out and every one will know about her back ground of lies.
Hello and thank you for your question.

If the image you used on your t-shirt was taken by her on her camera, such that she could claim ownership of the copyright then she could legally take action against you for breaching her copyright by using the image in your t-shirt, otherwise you are entirely free to put your own images of your wife on a t-shirt and she will have no right to complain about this.

Nor can she legally complain about you letting people know that she is your wife.

There is not much you can do about her lying to people as lying is only illegal in certain contexts, such as where she is defaming you or defrauding someone, otherwise the law has little role to play in stopping or punishing people from lying.

If she is telling lies about you that are damaging to your reputation, then you could take legal action against her for fraud, but unless the lies are very serious, there is little point involving lawyers over such issues.

If you wish to divorce her and are concerned she has only married you to secure permanent residencey then you should raise this with the department of immigration, but it would be very hard to prove this and the department may be unwilling to take any action now.

Whilst you are legally entitled to speak publicly about your wife's situation, if you cannot prove anything that you allege you may yourself be exposed to defamation proceedings, and if you publish damaging information about your wife, even if it is true, it may not reflect well on you in the event you have to litigate a property or other family law matter before the courts at some time in the future, so unless there is a real need to let people know about your wife's prostitution I don't recommend you do so.

I trust the above assists your understanding.

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Thank you and good luck.

Patrick

Patrick H. and 2 other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.

 


Your answer was quite clear, maybe the only question arising is if my wife was to call the police can I be charged with anything for wearing her picture on my T shirt, even though it is not illegal to do so, she has previously called the police when I did not answer her phone calls for one day, she came round and went berserk, , the reason is complex why I did not answer her calls, of course I was not charged with any thing, I assume there is no further charge for clarifying this., if there is don’t bother.

No, you can't be charged for wearing a t-shirt with your wife's picture on it.

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