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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had a relativley amical split with kids , we have 49/51 custody

Customer Question

I had a relativley amical split with kids , we have 49/51 custody or similar , but very complicated now as my wife has become involved with somebody online from overseas and he approached her so we fear she is being played . Anyway she asked for divorce as she has applied for some kind of spousal visa for him , I have been dragging my feet and saying no , anyway tells me today she has applied for divorce via court because i suppose she is running out of time on visa ....anyway I am happy getting divorce but not with lots of unknowns , with it going to court on her behalf as she wants to rush it , what should i do next , and i am assuming she has applied recently , is this something that comes to court within weeks or are we talking months ?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Why are you dragging your feet on this and what does it have to do with you?
If you have been separated for more than 12 months she does not need your approval or consent for a divorce.
Customer: replied 2 years ago.

because we have agreed to 50% custody and from the country this guy is from and the way he contacted her on social media i am really not happy with my kids sleeping under the same roof , so yes we have been seperated for over 12 months , but she has given me the forms and I havent signed , so now she tells me she has applied without my signature and we will have to go to court i suppose or some kind of mediation . Basically I am dragging my feet on the hope that this problem goes away in time , certainly happy with divorcing her but i just was hoping she would find some normal guy .basically i am angling the fact it is going this way is there anything for me to look out for ? The dragging of feet is mainly for visa stuff and she is obviously in a hurry to divorce and remarry to get this guy over here but i am just worried about the kids in the scheme of things

Expert:  Leon replied 2 years ago.
Good Afternoon
Is she seeking to take the children away?
Is she making an application to change the current arrangements?
Do you have orders for the current arrangement or just an agreement between you?
What forms ares they for childrens matters?
Customer: replied 2 years ago.

at the moment kids passorts are expiring so that is not immediate problem and I assume , the problem is all this stuff is not out in the open and is all a big secret but i have found out . I have no idea what her plans are really .

we just have agreement between us , its just I was loathed to sign a divorce with current agreement with so much up in the air , i nearly signed and then found out about all the visa applications etc so stopped in my tracks .

I realise I will sign and I will probably agree to same custody and I dont think she wants more , just I was wondering if I will look to be the beligerent and I will come out of this worse unless I get good reprentation . Financially I dont know if she has applied now , if it costs her more or me or whatever

Expert:  Leon replied 2 years ago.
Good Afternoon
The divroce does nt change anything.
She can do it without your consent if you have been separated fro 12 moths.
What you should be seeking is that you also get consent orders for the children at the same time so that your arrangements are enforceable.
With the Divorce the court is not going to worry about what you do.
If it was for children then it would be an issue.
The filing fee for the divorce is the same no matter whether you consent or she does it on her own.
Is she prepared to sign consent orders?
Customer: replied 2 years ago.

all a bit of an unknown to me , I am assuming if we agree on the children and sign that together , I am probably just wondering is the fact I havent signed on asking and it is now getting taken to divorce court is there anything I have to look out for , obviously if things get worse and I want more custody or full custody I realise that escalates to a whole new level.

Expert:  Leon replied 2 years ago.
Good Afternoon
Do not do anything without seeing a solicitor and showing them what she has sent you.
What state are you in?
You should contact the law society and they will give you a referral.
I can give you their site but need to know where you are.
Customer: replied 2 years ago.

WA

Expert:  Leon replied 2 years ago.
Good Afternoon
The law society of WA website is as follows:
https://www.lawsocietywa.asn.au
Contact them and get a referral because I suspect you will need a solicitor.
Good luck
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 2 years ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon