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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14690
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I separated from my husband 16 monthe ago and have recently

Customer Question

Hi my name is ***** ***** I separated from my husband 16 monthe ago and have recently found out he is in a homosexual relationship and has been for 18 months which obviously means he was having an affair during our marriage. The worst part of all is we have had our property on the market and immediately after I moved out he moved this man in claiming it was a flatmate arrangement. we have had numerous offers on the property since the end of the marriage and he has turned down every offer. He also has been working for himself claiming he hasnt been earning much so therefore not financially assisting at all with the cost of living for our dependant 16 year old daughter since January this year. I desparately want to dissolve the marriage and finalise all existing ties between us but due to the law stating here in New Zealand that I cant divorve him until we have been separated 2 years Im feeling enormous distress being forced to stay married to him. Please do I have grounds to seek an early dissolution of our marriage.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Im living in New Zealand, he lives in Queensland Australia.
JA: Has anything been filed or reported?
Customer: not as yet he has been hiding the relationship incredibly well but on Thursday last week confirmed it to our 16 yr old daughter
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thankyou
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

Hi I am just reading this now

Expert:  Chris The Lawyer replied 9 months ago.

Unfortunately under New Zealand law there is no way to reduce the period of separation below the required 2 years as grounds for the divorce. The only ways do not apply to your situation, which are about fraud or a misunderstanding as to the marriage, but going back to when you got married.

You can apply theough Inland Revenue for child support and this is enforceable in Australia. and you can force a sale of the property. The period of time for divorce in Australia is one year however and if you have a lawyer acting in Australia, you should discuss whether you can apply there.

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