Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My mother wants to divorce from my step father. We want the…

Customer Question
My mother wants to divorce...
My mother wants to divorce from my step father. We want the split to be as painless as possible. He has asked for a $100 k which my mother does not have. She has been solely paying for all bills/ mortgage ect. But he has not allowed her to even have a bank account and has little or close to no information about the financial situation of the house, even a basic bank account. He has totally manipulated her, mostly on a mental capacity.
Submitted: 8 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
6/14/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
What is your question?
Ask Your Own Australia Law Question
Customer reply replied 8 years ago
We are not sure what step to take to start the divorce proceedings
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
What property and assets do each of them have?
Ask Your Own Australia Law Question
Customer reply replied 8 years ago
The House -we are not sure what the current value is - name is XXXXX XXXXX names as per deed
The funiture
Mum has a insurance policy which is avaialble after 2012 - $50K
Car - stepfather owns
My stepfather has an account we are not sure how much money he has
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Thanks for that.

Basically there are two orders your mother needs here. First, a divorce order, and secondly, a property splitting order.

Regarding the divorce order, she needs to be separated from her husband for 12 months before she can apply for this.

As for the property division application, this needs to be done through a lawyer using an application brought in the Family Court of Australia. Before doing so, however, she should arrange for a mediation by calling 1800 050 321. This is a free government run service.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
As both my sister and I are living with my mum with the split be 50/50 even though my mother has been the only one paying for the house for most of their married lives?
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
The court rarely splits things 50/50, contrary to popular belief.

Instead the court uses a complex 4 step formula to determine which spouse gets what. If your mother contributed more to the marriage, the court would take that into account, and it becomes more likely the Court would award her a greater share, perhaps 60/40 or 65/35.

Edited by Alex on 6/14/2010 at 4:16 AM EST
Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Brisbane-Lawyer Your Own Question
Brisbane-Lawyer
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
14,361 Satisfied Customers
Experience: I did my law degree at the University of Queensland

Brisbane-Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Unfortunately my ex-husband & I have failed to come to
Hi John,Unfortunately my ex-husband & I have failed to come to agreement due to him being unwilling to negotiate & the matter has now being assigned to the trial listing.My first issue is with my fina… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
My husband and I live in QLD My husband wishes to buy a
My husband and I live in QLD My husband wishes to buy a second property as an investment in his name alone.(for tax purposes) Our house of residence is in both our names. In case of a Divorce would a … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Supporting 3rd party would like to get an idea of how much
Supporting 3rd party would like to get an idea of how much the estranged wife of her son - married for 3 years and 10 months - would be entitled to: Facts: August 1994 - offer made to Real Estate Agen… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am in a defacto relationship and we have bought a house in
I am in a defacto relationship and we have bought a house in NZ together and now one in Australia, the one in Australia has only my partners name on the mortgage as I have a 457 visa and it was provin… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My ex partner says she want half of everthing however i bought
My ex partner says she want half of everthing however i bought the house and is my name and i am paying the house off and i payed all the bills ect. She is driving a lease car that is in my name and s… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi. About 30 years ago my mother married a man was was a carer
Hi. About 30 years ago my mother married a man was was a carer for his brother (we will call this brother A). A is illiterate as he was never sent to school due to an injury which left him with one ey… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My sister and I have power of attorney for my mother. She
My sister and I have power of attorney for my mother. She is in a nursing home and her house has recently been sold. My sister wants her house proceeds split to our respective bank accounts for manage… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am in the process of a marriage settlement, I believe during
I am in the process of a marriage settlement, I believe during our 16 years of marriage that my wife had been siphoning of mainly cash from our joint bank accounts, business accounts,her wage,Family b… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
2 year defacto relationship with 1 child has failed, is there
2 year defacto relationship with 1 child has failed, is there a financial cash lump sum payout involved for for partner ? and does the same apply for house hold furniture, cars ect?, there is no real … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My sister has split up with her husband and will instigate
My sister has split up with her husband and will instigate divorce proceedings shortly.She has found evidence of a bank account in his name which has never been disclosed to her.Has she any rights reg… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My sister has Power of Attorney, both health and financial
My sister has Power of Attorney, both health and financial for both our parents. Unfortunately some family members, my brother and my mother are not supportive of her decisions, even though she seeks … read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Hi,Need legal advice please....My parents bought a house
Dear Sir or Madam, Need legal advice please.... My parents bought a house 10 years ago. My dad went overseas 2 years ago and we have lost all forms of contact with him. He refuses to communicate with … read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Hi, we have the following situation My mother owns land (i.e.
Hi, we have the following situation: My mother owns land (i.e. the title is in her name only). 7 years ago, we knocked down her house and rebuilt; she lives with us. The mortgage (which covered the co… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Father in law is trying to separate from his defacto of 6 years.
Father in law is trying to separate from his defacto of 6 years. At the beginning of their relationship he inherited some money and bought a house in NSW, he paid cash for the house, owes nothing to t… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
my wife is an australian citizen and i am an irish citizen.
my wife is an australian citizen and i am an irish citizen. we both reside in ireland. my wife wishes to permanently move her children to ireland but the father of the children will not allow this. th… read more
Richard
Richard
Bachelor's Degree
48 satisfied customers
Good afternoon, My partner is a divorced mother of two. Following
Good afternoon, My partner is a divorced mother of two. Following a recent debate with her ex-husband over changes to the consent orders/child support he has managed to get the CSA to find that he onl… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
Husband has recently moved out of matrimonial home, he is sole
Husband has recently moved out of matrimonial home, he is sole trader and all bills, mortgage etc, are deducted from joint bank account (used solely for business). All bookwook, gst bas etc are done b… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
I am going thru negotiations for a seperation. I have the earning
I am going thru negotiations for a seperation. I have the earning capacity of $120K p/y, my wife currently earns $20K, she is claiming 75% of assets and 100% of existing bank accout plus both our tax … read more
Katrina Bell
Katrina Bell
Barrister Sole
Bachelor\u0027s Degree
468 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x