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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had a celebrant marriage in Victoria to a American woman

Customer Question

Hi…I had a celebrant marriage in Victoria to a American woman in 2009…We registered at the Melbourne council office which there was a certificate also..I then have legally got her and her son both Visa's into the country…It took much longer than expected (4 yrs) and by this stage my wife had already had an affair on me. Few months later her Gran died and we had both known she would inherit over $100,000….Well with-in the month it was over. Next she is was spreading the rumour I am violent and abusive…I have since learnt she said that in case she needed a fall back as the immigration had not come through. I am not interested in her Grans money BUT! we were joint in everything except her son's schooling as he was at Steiner around $8,000 a yr. I fed him, clothed him took him to school picked him up and put a roof over his head for 4 yrs. On one occasion while she was holidaying in the States I paid nearly $2000 school fees for a term…Also when we parted she had been keeping money in a private account instead of our joint….There was $6,500. In all fairness I think I should be reimbursed for school fees.( I have receipt) also half of the bank money she walked away with…As for her Grans $130,000….who cares! Recently she has taken a AVO out on me..years later….her friends say she is jealous of her son and my relationship…we were very close…its sad as since the AVO i hardly see him. Do I have a case re schools fees etc?? Thanking you! Sincerely ***** *****
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You only case is in getting a property settlement.
You cannot focus just on the fees and expenses you paid for her son.
The law will apply the following 4 steps.
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your spouse made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
If these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
If she is on a temporary visa, this is the reason she is alleging the violence. IF she convinces the department she can fast track her visa and become a permanent resident before the 2 years are up from the date she was granted her temporary visa.
If the marriage is over you should notify the department that it is over.
But in relation to assets the above is the process.
I hope this makes sense and is of assistance. 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.
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