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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44191
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My name is***** an Australian citizen married

Customer Question

My name is***** an Australian citizen married to a German citizen who had lost his residency permit because of being out of the country for many years. I have been married for 21years and never worked in that time. We have a home in Brisbane Qld and hoped to return there one day. We have been living out of the country for approx. 13 years now.
We have two children, one 19years old at University in Vienna Austria and a ten year old with me in Dakar Senegal.
18months ago after spending one year in Madrid, my husband who is a Geoscientist got employment in London working for a small investment company using the expertise of his profession. It was too difficult for us all to go and thought it would be better to return to Dakar with my son and continue what i'd left behind. My workshop where we produce metal art. This he encouraged me fully to do. A very expensive hobby and not lucrative enough to survive on.
I found out after one year he was having an affair and in the time of our separation by situation he re assured me that he wanted to remain married to me and didn't want to finish admitting that he would not leave that woman either.
He was generous up until now and things are starting to change. What do you suggest I do now?
Thank you,
Loman Pawlitschek
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Are you asking if you should separate? Where are you currently living?
Customer: replied 2 years ago.
As you can see, if you indeed read what I wrote that I am already separated by firstly circumstances pertaining to my husbands work and now because he has decided that he wants to stay with the woman he started the affair with when we went separate ways (by circumstances).I am living in Dakar Senegal with my 10 year old son. What i want to know is how and what i should do now. Should i file for divorce?
Expert:  Leon replied 2 years ago.
Good Morning,Any divorce has to be applied in Dakar as that is where you both are. The laws of Australia cannot be applied over there. If you wish to apply the Australian laws you have to come back here and apply to the Australian Court. I cannot tell you if you should apply for divorce that is your choice. Speak to a Solicitor in Dakar and see what your rights are over there. In Australia, you can apply to split the assets in Australia. The court will grant you that order and apply the following stepsThe steps are:1. Consideration of whether a property settlement is necessaryThe first important consideration for the Court is to determine whether or not it is actually necessary to proceed with a property settlement.In the vast majority of cases, the Court will decide that it is just and equitable for there to be a property settlement or a change in the ownership of a property. However, in some cases, the Court will decide that each party should simply keep what they presently own.This may be because:the parties have decided to keep their financial affairs and arrangements totally separate throughout the relationship;the relationship was of a very short duration; orthe parties separated many years ago and have organised their affairs on the basis of an informal agreement since that time.2. Identify and value the assets and liabilitiesThis involves compiling a list of all assets and liabilities (including superannuation) that are in the individual and/or joint names of you and your former spouse/partner, and attributing a value to them.Values can be approximate or may be determined by way of a formal valuation, as they should be as accurate as possible. The result should be a table of assets and liabilities which your solicitors will use to determine the value of the total asset pool to be divided. It is also standard practice to establish what the asset pool was when you first started living together (which may have occurred prior to marriage) to work out any increase in asset values and to establish what each party brought into the relationship (referred to as initial contributions). 3. Assess contributionsOnce an asset pool has been established, your solicitor will ask questions about each party’s contributions to the asset pool.Contributions can be:financial (such as by way of income, mortgage payments or inheritances);non-financial (such as labour to undertake renovations); orby way of being a homemaker and parent.Contributions are usually calculated as a notional percentage, such as 50/50 or 60/40.4. Assess “future needs”Once contributions have been assessed, your solicitors (or the court) will consider what are referred to as the “future needs” of both parties. These include:the age and health of the parties;the earning capacity of the parties;whether one party will have the care of young children;the duration of the marriage or relationship; andany other relevant consideration. The assessment of future needs will impact the notional percentage reached in Step 2, so that the percentage split of the asset pool may increase or decrease in favour of one or other of the parties to take into account any relevant future needs factors.5. Is the division of assets just and equitable?Taking each of the previous steps into account, your solicitors, or the court, will then consider whether the final division of assets as proposed by the parties is just and equitable in all of the circumstances. This may involve assessing the practical effect of any proposed division of the asset pool. It is form the following link you have to be here to do this. You can also apply for child support and spousal maintenance in Australia. Enforcing it in Dakar is the issue though.
Customer: replied 2 years ago.
my husband is in London as i wrote already! He left 18months ago to start a new job, I came to Dakar with my son. We only now agreed to separate. He re assured me the whole time he still loved me and didn't want to separate. What legal position am I in with regards ***** *****
Customer: replied 2 years ago.
How do I assess how much we have in shares when i don't know where they are and how much was invested. Also, where he has put all the money?
Expert:  Leon replied 2 years ago.
Good Morning It is not easy to assess anything. If the assets are not in Australia, what I have given you may mot apply because it has to be Australian orders and the Australian courts cannot apply the orders overseas. The law you need to rely on is the law in the country that the assets are in. The courts cannot extent their power outside of the borders of the country they are in. If the assets are in the UK you have to go to the UK and get orders and apply their laws.I am sorry I cannot give you anything more positive. 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. Please do not forget to leave positive feedback. RegardsLeon
Expert:  Leon replied 2 years ago.
Good Morning,If there is nothing further please do not forget to rate my work so I can be paid.