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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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How long do you have to be separated before you can file for

Customer Question

How long do you have to be separated before you can file for Divorce and will I be I titled to anything from the marriage. I left due to Domestic Violence, we had been married six and a half years and together for eight. I sold my house and car as he said I did not need them and should put the money with his. However I refused to do so and am glad now because I had to buy a car and a house to live in again. When we went on holidays overseas I paid for my trip and put money to expenses while away as well. Also I put a lot of work to his house to make it a home at my expense. We are both nearly 72 years old. Thankyou Helen
Submitted: 2 years ago.
Category: Australia Law
Expert:  Patrick H. replied 2 years ago.
Hello and thank you for your question. Which state are you based in? Are there any children involved? Do either of you have any particular health issues that would interfere with your ability to support yourselves?
Customer: replied 2 years ago.
I am in WA no Children and I am 72 in October
Expert:  Patrick H. replied 2 years ago.
In order to apply for a divorce you need to have been separated for at least 12 months (though even if residing together it is sometimes possible to satisfy a court that you have been separated if you can show that despite residing in the same home you had ceased to live in a domestic relationship for a full 12 months in some cases). You can read more about the requirements here: When couples divorce there is no specific entitlement, rather either party can apply for orders adjusting their property so that assets are shared as the court thinks is fair having regard to various factors, but essentially, the parties respective contributions to the relationship and family assets. Factors such as children, and special factors such as where one party has a disability or illness affecting their ability to support themselves can also be a factor, but absent these the courts will generally strive to assess what the parties started with, what they contributed, and then divide the assets in a way which reflects a fair assessment of their respective contributions. In a case such as yours where the parties mostly kept their assets seperate from one another, only a modest adjustment is likely to be warranted, but if you can show you contributed substantially to his assets, more so than he directly or indirectly contributed to yours, it is certainly possible that some adjustment will be warranted in your favour. Whilst the domestic violence is not of itself a financial factor, it would very likely incline the court to think less favourably of his contributions, if any, and should incline to be sympathetic to any viable claim that you bring for adjustment in your favour. Only a family lawyer fully versed in the history of your relationship, and the available asset pool can give you firm advice as to what you are likely to recover, but I trust the above assists your understanding. If you need help finding a suitable family lawyer, contact the WA Law Society as they can refer you to suitable lawyers in your area. Please rate my answer. Patrick

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