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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband is a doctor who has a constant controlling behaviour.

Customer Question

My husband is a doctor who has a constant controlling behaviour. He is was aware that I had pre existing PTSD from my previous family life and marriage.
When I react he says I'm being violent. He has said he can "Section me"anytime he likes, causing me of physical violence.
I have had a complete breakdown some years ago from accumulated stress factors and he discharged me after one week to return to my work.
We have been together 14 years and I am 65 , he 75, both still professionally working. I don't bring in enough income which is a source of discontent as he always wants me to be to create a profitable business income of $2.500 profit. I am unsuccessful in attaining any of this at my age.
I want a divorce but don't have the financial resources to leave.
We only have equity in our home we share worth about $500,000 at most, no super.
My 3 children live overseas.
What legal options do I have?
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.
Do you feel strong enough to leave him?
Does he earn more than you?
Expert:  Leon replied 2 years ago.
Good Morning
If you have the strength to leave him thou can apply for spousal maintenance for yourself and child support for the children
You can also seek a property settlement.
You will need to have a solicitor represent you.
It is a difficult matter but you have to seek assistance to get this done particularly if you feel intimidated by him
The law will apply the following 4 steeps in the property matter
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
For child support you apply through centrelink
Good luck with it and 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
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