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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Currently I am the sponsor in a Partner visa 820 (de facto)

Customer Question

Currently I am the sponsor in a Partner visa 820 (de facto) but I want to seperate prior to her receiving PR (8months away)....we have no kids and she is not pregnant. My partner wants to falsely claim that I have been physiologically violent if I do not withhold notification of our separation to immigration. She is convinced she has enough evidence for her claim of psychological violence and I am confused and mostly disappointed. What should I do?
Submitted: 9 months ago.
Category: Australia Law
Expert:  Patrick H. replied 9 months ago.

Do you have any idea what evidence she may actually have against you?

I will shortly be out of the office for a few hours so may not be able to give you full answer until this evening but if you address the above I will address your problem later today.

Patrick

Customer: replied 9 months ago.
She has been doing therapy with her psychologist who resides in Argentina ( her country of origin) over Skype 3 to 4 times a month for the past 1.5 years and I am not sure what they discuss because it is in Spanish. I do know it is sometimes about me of course but she mentioned last night that that will be substantial to her evidence.Our relationship has been tumultuous in continuity but not with violence, physical or psychological. I have in the past left the residence several times only to admit in text that I may be having some anxiety issues, which I put down to the nature of the relationship. So there are several text messages where I admit to having some anxiety and/or psychological disfunction at that point in time.She has also told me that she has gone through all my emails and personal information. Which I have now changed my passwords.I do have her recorded without her consent stating "she will make my life difficult if I notify immigration about separation" words to that effect.She made it clear last night that she will "make her mark on me" if I notify of the separation.
Customer: replied 9 months ago.
Can I please request anonymity for this discussion?
Expert:  Patrick H. replied 9 months ago.

The information you provide here is not private, but your personal details are not included.

I am just a contractor to the website and do not control what is published but if you want I can ask them to make it private if possible.

In the meantime, my advice to you should consider pre-empting her potential false allegations by contacting immigration and advising them that she has threatened to make up allegations that you are psychologically abusing her. Her case against you will look far less credible if she makes such allegations only after you end the relationship and notify immigration.

The reason she may pursue such a course against you is because there are provisions in the immigration law that would allow her to stay in Australia even if you withdraw your sponsorship if she has been subjected to abuse by you. Unfortunately, whilst these laws were brought in so that women who are being abused by their sponsor don't feel trapped, the effect of the laws is also to induce other women to make false accusations so they can stay.

To succeed in an application to stay because of your abuse, she will likely need to establish that you have been abusing her in some way, and to that end may well be contriving circumstances to make such an allegation. She could do this by making complaints to the police, etc. If you think this is what she is contemplating, then I think your best course is to separate from her immediately and notify the department of immigration of the allegations she has threatened you with. You will find your defence of such allegations much easier and more credible if you can show that she only made these allegations against you once you withdrew sponsorship.

Whilst deciding what to do, I would suggest you avoid situations where she can later claim you have abused her in some way, so avoid having heated discussions in public or acting in a way that observers may perceive as abusive, as this will only support her threatened allegations.

I trust the above assists.

Good luck and PLEASE RATE MY ANSWER.

Patrick

Customer: replied 9 months ago.
Thanks for your advice Patrick I have followed it promptly to the tee.Can I please request that you kindly ask the website to make this private?I am taking out an intervention order today as yesterday she arrived at my alternative place of residence without notice and was going through all my stuff inside the house, it was only chance that I arrived home early to find her!! I am living with my uncle 1.5hrs away from our former residence we were cohabiting the last few months. I have not stayed at our old place deliberately from the date of her return (last Saturday) and have left it to her for the time being so I can just get out of all this. Both our names are ***** ***** lease and she is making it difficult for me financially because I am now paying, 2 lots of rent an investment mortgage and I have two kids from a former relationship. Please help if you have any further suggestions..
Expert:  Patrick H. replied 9 months ago.

I would suggest you advise her, in writing that as you can no longer live with her that she either agrees to take over payment of the lease and then put the owner on notice you have been effectively forced by your domestic situation to vacate the property and will cease paying your share of the rent after the notice period, technically you will still be liable, unless the landlord lets you out or your ex refuses to negotiate to take over your share of the lease, and once that happens you should be off the hook for the rent subject to what a court may say later on.. However, by not paying the rent, it will at least show you were trying to resolve the matter sensibly, which will hopefully make a court less inclined to hold you ultimately liable (A court will still hold you liable under the lease for any unpaid rent up to the time the lease ends or your obligations are formally transferred, but might order your ex to indemnify you for any such loss.

The following link has information on ending a lease and how it should be done if the parties are willing to negotiate sensibly:

https://www.consumer.vic.gov.au/housing-and-accommodation/renting/ending-a-lease-or-residency

And you should attempt to pursue this option first.

I would also ensure you talk to your bank about freezing any joint accounts or cancelling any access you may have granted her to your accounts.

Your decision to go live with your uncle was very wise and should go a long way to limiting her ability to make false allegations against you.

You likely need to get your stuff from your shared property, and if you do attend to collect your stuff, take a reliable and credible witness with you who can refute any false allegations that arise if your ex is there.

Good luck and PLEASE RATE MY ANSWER.

Patrick

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