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Wife left / visa/support position / legal / where do I stand?

Wife left / visa/support position / legal / where do I stand?

Old Jul 1st 2019, 9:45 am
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Default Wife left / visa/support position / legal / where do I stand?

First, I recognise I need to get legal advice. From whom exactly I don't know, as I have no money ... legal aid? Any advice given here will be taken only as opinion, not legal fact, but still any advice would be gratefully received.

Bit of background in case you have seen my previous posts: Wife left me six weeks ago. Took the kids (7yo & 3yo) but I still have regular quality time with them. I've been signed off unfit for work by GP until July 24th at least. Currently undergoing counselling. I'm desperate to not lose my house. I've not worked since arriving in Australia Sept 2012 - I've been a full time dad, entirely reliant on my wife's income. I got permanent residency straight away. Financially, without her I'm stuffed.

Wife has gone away to her parents for a few days, and I know she was going to get legal advice while there. I assume that happened today, as suddenly our joint bank account has had a large amount of money transferred out. There was over $6,000. $5,000 has gone. Right now, I don't know what her plans are financially. I've gone from not panicking financially, to panicking quite a lot. Dunno if she is going to still cover the mortgage, bills, etc. Her communication has never been great. Maybe I'll get an email from her tonight, tomorrow, next week, who knows. I've applied for Newstart allowance from Centrelink, but am still awaiting the outcome of that. I might just about cover bills with that, but not mortgage ($720/fortnight right now).

As far as I'm concerned, I've been a supported spouse for 6 years, it was her choice to leave, so I'm entitled to not leave this house and continue to be supported by her. Even so, it isn't my intention to take the mickey and not do anything at all for myself and I shall certainly be looking for work. I have already activated some outstanding training courses (IT stuff).

I've dug through the visa stuff I have. I *thought* there was something in there that stated that she, as my sponsor, was required to support me through thick and thin ... but I can't find it. Nor can I find anything that says 'what if you break up 6 years down the line'.

Thoughts / help / advice / etc?

Cheers, as ever, kind BE-ers.

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Old Jul 1st 2019, 10:28 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

On the work front I don't know if you own a car.But if you do have you thought about uber. Even just until you find more suitable employment.Its easy to start and get earning money. Just a thought.
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Old Jul 1st 2019, 10:32 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by greg123 View Post
On the work front I don't know if you own a car.But if you do have you thought about uber. Even just until you find more suitable employment.Its easy to start and get earning money. Just a thought.
It's not a bad thought at all. But, I don't have a car (we were a one car family), and live several hundred K away from a city that has Uber... cheers anyway
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Old Jul 1st 2019, 11:22 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

I’m probably getting shot down by this, but let’s get this right. So your (soon to be ex wife) has been the bread winner whilst you turned to alcohol? You then became a room mate the wife couldn’t get rid off so she left with the kids? You now life in the family home, probably owned by her, unable to work (alcoholism) , complain about Centrelink not helping and the problem is what?? Geez, sorry to say this but I feel for your wife,
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Old Jul 1st 2019, 11:31 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Lucas_Dad View Post
First, I recognise I need to get legal advice. From whom exactly I don't know, as I have no money ... legal aid? Any advice given here will be taken only as opinion, not legal fact, but still any advice would be gratefully received.....
I've dug through the visa stuff I have. I *thought* there was something in there that stated that she, as my sponsor, was required to support me through thick and thin ... but I can't find it. Nor can I find anything that says 'what if you break up 6 years down the line'.

Thoughts / help / advice / etc?

Cheers, as ever, kind BE-ers.
Can't say categorically but I'm fairly certain there's no such clause in your visa. There certainly wasn't in my Spouse Visa. Marriages break up, shit happens, DIAC or whatever they're called these days would never put that sort of handcuff ruling in place.

You definitely need legal advice as quickly as possible. There's no way she should have removed money from the joint account, even if she is the major wage earner. Here's the link to the Means Test Indicator for NSW Legal Aid.
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Old Jul 1st 2019, 11:36 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Lucas_Dad View Post
First, I recognise I need to get legal advice. From whom exactly I don't know, as I have no money ... legal aid? Any advice given here will be taken only as opinion, not legal fact, but still any advice would be gratefully received.

Bit of background in case you have seen my previous posts: Wife left me six weeks ago. Took the kids (7yo & 3yo) but I still have regular quality time with them. I've been signed off unfit for work by GP until July 24th at least. Currently undergoing counselling. I'm desperate to not lose my house. I've not worked since arriving in Australia Sept 2012 - I've been a full time dad, entirely reliant on my wife's income. I got permanent residency straight away. Financially, without her I'm stuffed.

Wife has gone away to her parents for a few days, and I know she was going to get legal advice while there. I assume that happened today, as suddenly our joint bank account has had a large amount of money transferred out. There was over $6,000. $5,000 has gone. Right now, I don't know what her plans are financially. I've gone from not panicking financially, to panicking quite a lot. Dunno if she is going to still cover the mortgage, bills, etc. Her communication has never been great. Maybe I'll get an email from her tonight, tomorrow, next week, who knows. I've applied for Newstart allowance from Centrelink, but am still awaiting the outcome of that. I might just about cover bills with that, but not mortgage ($720/fortnight right now).

As far as I'm concerned, I've been a supported spouse for 6 years, it was her choice to leave, so I'm entitled to not leave this house and continue to be supported by her. Even so, it isn't my intention to take the mickey and not do anything at all for myself and I shall certainly be looking for work. I have already activated some outstanding training courses (IT stuff).

I've dug through the visa stuff I have. I *thought* there was something in there that stated that she, as my sponsor, was required to support me through thick and thin ... but I can't find it. Nor can I find anything that says 'what if you break up 6 years down the line'.

Thoughts / help / advice / etc?

Cheers, as ever, kind BE-ers.
On a Spouse Visa, she would have undertaken to give you financial support for the first year or so - because you are unable to claim any benefits duriing that time. Once you are PR and are abe to claim benefits she does not have to support you at all. And in the circumstances you have described I can't see any way that Immigration would try and enforce her supporting you anyway.

As for general "if you split up X years down the line" visa info, You're on your own You have PR in your own right, Its your choice to get citizenship or not, and there is no longer any obligation forthesponsor to be part of your life at all.

Last edited by Pollyana; Jul 1st 2019 at 11:41 am.
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Old Jul 1st 2019, 12:10 pm
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Lucas_Dad View Post
First, I recognise I need to get legal advice. From whom exactly I don't know, as I have no money ... legal aid? Any advice given here will be taken only as opinion, not legal fact, but still any advice would be gratefully received.

Bit of background in case you have seen my previous posts: Wife left me six weeks ago. Took the kids (7yo & 3yo) but I still have regular quality time with them. I've been signed off unfit for work by GP until July 24th at least. Currently undergoing counselling. I'm desperate to not lose my house. I've not worked since arriving in Australia Sept 2012 - I've been a full time dad, entirely reliant on my wife's income. I got permanent residency straight away. Financially, without her I'm stuffed.

Wife has gone away to her parents for a few days, and I know she was going to get legal advice while there. I assume that happened today, as suddenly our joint bank account has had a large amount of money transferred out. There was over $6,000. $5,000 has gone. Right now, I don't know what her plans are financially. I've gone from not panicking financially, to panicking quite a lot. Dunno if she is going to still cover the mortgage, bills, etc. Her communication has never been great. Maybe I'll get an email from her tonight, tomorrow, next week, who knows. I've applied for Newstart allowance from Centrelink, but am still awaiting the outcome of that. I might just about cover bills with that, but not mortgage ($720/fortnight right now).

As far as I'm concerned, I've been a supported spouse for 6 years, it was her choice to leave, so I'm entitled to not leave this house and continue to be supported by her. Even so, it isn't my intention to take the mickey and not do anything at all for myself and I shall certainly be looking for work. I have already activated some outstanding training courses (IT stuff).

I've dug through the visa stuff I have. I *thought* there was something in there that stated that she, as my sponsor, was required to support me through thick and thin ... but I can't find it. Nor can I find anything that says 'what if you break up 6 years down the line'.

Thoughts / help / advice / etc?

Cheers, as ever, kind BE-ers.
Hiya LD. In addition to legal aid centres, you could have a look for community legal centres in your area. It should be possible to get a free or very low cost appointment with a lawyer to help you understand your position regarding continuing to live in the family home and other financial matters. I know that it's possible to apply for court orders to manage property and financial disputes between couples in the 'pre-divorce' period but only an experienced lawyer will be able to advise you on that.

I don't believe for a moment that a permanent resident's visa can be cancelled simply because they divorce. Also as far as I'm aware there's no obligation on your wife as your sponsor to provide financial support once you've been granted permanent residency. Any obligation she has will be purely a matter for the Family Court to determine, ie won't hinge on the fact that she sponsored your visa.

The splitting of marital assets at the time of divorce is a bit more complex than is sometimes realised. Although it's true that the Court begins with the premise of a 50/50 split, this is adjusted for a range of reasons, including which member of the couple has custody/financial responsibility for any children under 18 and the earning power of each member of the couple.

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Old Jul 1st 2019, 7:05 pm
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by spouse of scouse View Post
Hiya LD. In addition to legal aid centres, you could have a look for community legal centres in your area. It should be possible to get a free or very low cost appointment with a lawyer to help you understand your position regarding continuing to live in the family home and other financial matters. I know that it's possible to apply for court orders to manage property and financial disputes between couples in the 'pre-divorce' period but only an experienced lawyer will be able to advise you on that.

I don't believe for a moment that a permanent resident's visa can be cancelled simply because they divorce. Also as far as I'm aware there's no obligation on your wife as your sponsor to provide financial support once you've been granted permanent residency. Any obligation she has will be purely a matter for the Family Court to determine, ie won't hinge on the fact that she sponsored your visa.

The splitting of marital assets at the time of divorce is a bit more complex than is sometimes realised. Although it's true that the Court begins with the premise of a 50/50 split, this is adjusted for a range of reasons, including which member of the couple has custody/financial responsibility for any children under 18 and the earning power of each member of the couple.

First stop - legal advice
Correct, the visa won't be revoked due to divorce - ts a PR visa andthere s no obligation to stay married. However,there is equally now no obigation for the sponsor (wife)to aupport him That ends when the Spouse Visa holder becomes eligible for benefits. ​​​​​​

Last edited by Pollyana; Jul 1st 2019 at 7:07 pm.
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Old Jul 2nd 2019, 2:19 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by moneypenny20 View Post
Can't say categorically but I'm fairly certain there's no such clause in your visa. There certainly wasn't in my Spouse Visa. Marriages break up, shit happens, DIAC or whatever they're called these days would never put that sort of handcuff ruling in place.

You definitely need legal advice as quickly as possible. There's no way she should have removed money from the joint account, even if she is the major wage earner. Here's the link to the Means Test Indicator for NSW Legal Aid.
Hi MP. Thanks for that. I think you're right - the period where she *must* support me is long gone. The means test indicator was very useful - it says I 'likely' qualify for legal aid. I have my first appointment with the community legal help people on Thursday. Hopefully they can help further. Cheers
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Old Jul 2nd 2019, 2:27 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Pollyana View Post
On a Spouse Visa, she would have undertaken to give you financial support for the first year or so - because you are unable to claim any benefits duriing that time. Once you are PR and are abe to claim benefits she does not have to support you at all. And in the circumstances you have described I can't see any way that Immigration would try and enforce her supporting you anyway.

As for general "if you split up X years down the line" visa info, You're on your own You have PR in your own right, Its your choice to get citizenship or not, and there is no longer any obligation forthesponsor to be part of your life at all.
What I've learnt so far both independently and from nice people like you is that you're right, I'm basically on my own. What I'll be exploring at my first legal appointment on Thursday will be, amongst other things, is whether it is as black & white as that. I know what the straw was the broke my wife's camel's back and caused her to leave, but I don't really know what all the other straws were. We were never very good at communicating our moods and feelings to each other... So my thought process is basically "my choice was stay, counselling, work on it; her choice was leave; but she's left me almost penniless, can she really do that?"..

I'm now getting Centrelink payments ($570/fortnight) which, if I budget well, should just about cover bills. She actually hasn't left me totally destitute. I'm still here in this house after all, and she stated today that she will continue to pay the mortgage (think she has no choice) until either the house is sold, or I buy her out. That is a massive pressure off.
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Old Jul 2nd 2019, 2:29 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Pollyana View Post
Correct, the visa won't be revoked due to divorce - ts a PR visa andthere s no obligation to stay married. However,there is equally now no obigation for the sponsor (wife)to aupport him That ends when the Spouse Visa holder becomes eligible for benefits. ​​​​​​
Not losing my visa is also a massive relief. I know my wife gets some sort of childcare benefit, but I don't imaging it is a huge amount as she is on over $100,000/year. Her take-home pay is about $78,000 if I recall correctly.
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Old Jul 2nd 2019, 5:19 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Lucas_Dad View Post
I'm still here in this house after all, and she stated today that she will continue to pay the mortgage (think she has no choice) until either the house is sold, or I buy her out. That is a massive pressure off.
She can stop paying the mortgage. But after a while the bank will sell the house to cut the loses, and they will sell it low. Your wife knows that this is the worst possible scenario. No one wants their house being sold by the bank. However, sooner or later the house will sell as she will want her share.
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Old Jul 2nd 2019, 5:29 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by teza View Post
I’m probably getting shot down by this, but let’s get this right. So your (soon to be ex wife) has been the bread winner whilst you turned to alcohol? You then became a room mate the wife couldn’t get rid off so she left with the kids? You now life in the family home, probably owned by her, unable to work (alcoholism) , complain about Centrelink not helping and the problem is what?? Geez, sorry to say this but I feel for your wife,
Married couple with kids, the house is probably jointly owned. Traditionally the husband goes out and earns, pays the mortgage, the wife manages the house and kids, they both still own it. Same deal here, just the traditional roles are not at play. Times change.

Alcoholism is an illness. Again, it's not just the dads who resort to the bottle.

https://www.news.com.au/lifestyle/he...fb792034cbb17d
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Old Jul 2nd 2019, 5:42 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Beoz View Post
She can stop paying the mortgage. But after a while the bank will sell the house to cut the loses, and they will sell it low. Your wife knows that this is the worst possible scenario. No one wants their house being sold by the bank. However, sooner or later the house will sell as she will want her share.
And if I were in her shoes, I can understand wanting to get the house sold.

I think ... I hope at least... I have demonstrated enough intent to get some training done and get looking for work, for her to not do anything like stopping payments. My health is going in the right direction, and once I've brushed up some skills I'm starting to feel confident that I can earn enough to keep the house. It'll be tight, but I can be very good with money when I need to be.
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Old Jul 2nd 2019, 7:07 am
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Default Re: Wife left / visa/support position / legal / where do I stand?

Originally Posted by Lucas_Dad View Post
And if I were in her shoes, I can understand wanting to get the house sold.

I think ... I hope at least... I have demonstrated enough intent to get some training done and get looking for work, for her to not do anything like stopping payments. My health is going in the right direction, and once I've brushed up some skills I'm starting to feel confident that I can earn enough to keep the house. It'll be tight, but I can be very good with money when I need to be.
Good luck with it all. Sounds like you want to move onwards and upwards which is step 1.
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