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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I need to find out my rights for a separation or divorce. I

Customer Question

Hi. I need to find out my rights for a separation or divorce. I have been married for almost 4 years now and I'm pregnant with my first baby currently. The reason of separation/divorce is because of abuse. My mother in law has been causing continuous havoc to make sure my husband and I are in this situation. I had a beautiful relationship and I still love him. It has now come to the point the relationship is unbearable for me. Therefore I have pleaded with his family and my husband not to allow my mother in law to break our bond. That, otherwise we may end up with a difficult situation like divorce.
It has been ignored and the abuse keeps happening. As I am pregnent (my 4th month) I want to know my rights. We own a house on mortgage, under my husbands name and I have a temp job but that's it.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Under Australian law if parties divorce, each party is entitled to a fair share of the family asset pool having regard to what they contributed and then adjusting for special factors such as where one party is (or will be) the primary carer for a child. This means that if you are likely to be the primary carer for the child (typically mothers are assumed to take that role unless there is a good reason why that shouldn't be the case) you will be entitled to a significant share of the asset pool. If the combined asset pool is only modest, it is sometimes the case that the party who will have the primary role raising the child may receive most or even all of the available assets as courts look to ensure that custodial parent has sufficient resources to support the child. The larger the asset pool however, this issue becomes less of a factor.

Because so much depends on your particular family history and current circumstances, only a fully briefed lawyer can give you firm advice as to your actual likely entitlement, however, I trust the above assists your understanding as to the approach the law would take should you ultimately divorce.
Given you still love your husband and you believe the problems stem from the mother in law, you may benefit from family counselling as a first option rather than simply divorcing, so you may consider contacting an organisation such as relationships australia, or similar:

Good luck and I trust the above assists your understanding.

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