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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5577
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My Chinese wife and I had an amicable end to our marriage

Customer Question

Hi Pearl,My Chinese wife and I had an amicable end to our marriage .... most importantly it was definitely not a domestic violence issue in any shape or form (just wanted to make that clear) We are in fact both caring and good hearted people but after 4 years we agreed it was not working for us. (It was a rush marriage in China).Anyway I was the one who asked for a separation and asked her to leave (we still shared the same house for a month while she arranged her departure).After she left I tried to maintain a good friendly contact with her through text messages asking how she is, if she is ok, hoping she finds her happiness elsewhere with my blessing but to my surprise I never heard from her again ....Now she has emailed me an affidavit (I fact it was the page I had to sign in front of a JP .... I asked her to in fact send me the whole six pages so I can check before signing and to post the originals not scanned copies.)
Then I notice she has chosen to leave out her residential address .... this in principle annoyed me a little because to me (and my 5 sisters) this could indicate she is leaving an abusive relationship and fears her husband which of course is ridiculous as we were both good hearted people who wouldn't hurt a fly (in fact I am proud of how our mother brought all six of her children up).I want this divorce done ASAP but I have refused to sign until she shows some respect and dignity toward me.I have told her to complete the affidavit in its entirety and I will happily get it signed and posted to HER address.My family are behind me in my reasoning in doing this.I have told my wife through text message I won't sign.My question:
Would I be forced into signing this affidavit and could she divorce me without my signature.Either way on principle I will not sign this document when she is trying to send the impression that I am some sort of angry man after her.Please advice
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in Adelaide and she is now in Brisbane
JA: Has anything been filed or reported?
Customer: No....No children no property
JA: Anything else you want the lawyer to know before I connect you?
Customer: I understand of course the "the right to privacy laws" and she is hiding behind this law for her own reasons I am unaware of but it is totally not necessary believe me.....This is just an " in principle" thing for me, I have no intention of following with communication with her (especially after she has made it clear she wants no contact now).Maybe I should have listened to my sisters who thought she was just using me to leave China and to get her PR....Either way I just want to move on....
Submitted: 10 months ago.
Category: Australia Law
Expert:  Daniel replied 10 months ago.

Hello

Why are you signing anything?
In Australian law, you need to be separated for a period of 12 months before divorce.
Once that is done, you can file.
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/how-do-i-apply-for-a-divorce/

Expert:  Daniel replied 10 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.