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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44633
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife and i have been going thru a hard time since

Customer Question

Hi my wife and i have been going thru a hard time since march... I still had hope for our relationship to go back together but now i know that it is done and we are separating...
I had put myself on a dating app and she found me on it. She knows that i have not slept with anyone but for her it is a form of cheat.
Now she is on my 457 visa i am applying for the residency and she would like to be included, i want to but things are getting very toxic and nasty with her.
She wants to put me in court for divorce on the ground that i have cheated, and have drinking problems ( i have to admit that in our 2 years of marriage i got drink few times but nothing major except that one night September last year we were both drunk and she punched me and i pushed her and she fell down) now on this ground she is telling me that she will get me for violence.
I am asking of what are my right, what should i do and what could happen?
Thank's in advance tim
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Forgot to say i am in Australia
Expert:  Leon replied 1 year 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.

You have an obligation to inform immigration that the marriage is over. if you do not you are in breach of the law.

She cannot get a divorce for cheating it is a no fault system. You have to be separated for 12 months before she can apply for a divorce and it will not assist her in getting a visa.

If she wants to stay she should apply for he own visa.

Again the violence will not allow her to stay.

If you want a divorce you can live in the same house but not as husband and wife. After 12 months separation you can apply for a divorce.

I hope this makes sense 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

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 1 year ago.
Leon can we live in separate places or do we need to stay under the same roof?
Expert:  Leon replied 1 year ago.

Good Evening.

You can live separately. But if noone is prepared to move out then you cannot force them to go.

But the law does not require you to live separately to prove you are separated.