VIC Spousal Maintenance After Divorce?

[Emy]

Hi everyone,

I wonder if one of you can help me in this matter please.

I was married overseas and came to Australia to join my husband. We both are permanent residency. We are separated for a period now and he still supports me financially as I have a low income compared to his. We have no kids and no goods together.

I just left the house where we lived together as I could not support anymore of the stress he gave me and the harassment he did. I know that we can divorce in Australia, even if we were married overseas, I hope?

However, in case of divorce and as I'm struggling to live correctly and to pay rent and bills and so on, will my ex-husband still support me financially and continue with spousal maintenance till my situation gets better? Knowing that he started to complain and asked me to be totally independent but knowing I can't.

If the divorce was his decision not mine, but I accepted and left as I can't force anyone to live with me when he doesn't want to. However, I feel it's not fair. I feel like someone used me and when he was fed up, he's just through me and I must struggle with life alone.

I want a peaceful divorce, but need to know my rights. Do I have rights here in Australia or should I go to my mother country? I'm from Africa and he is from Europe.

As, who should I contact to have aid as I can't pay a lawyer even for advice.

Thank you for your consideration and support.

 

[Victoria S]

Hi Emy,

You can divorce in Australia even if you married overseas if:

• you regard Australia as your home and intend to live in Australia indefinitely, or
• you are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• you ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Under the Family Law Act a person has a responsibility to financially assist their spouse, if that person cannot meet their own reasonable expenses from their personal income or assets after separation and divorce. The extent of the support depends on what the other party can afford to pay.

The Family court has the power to order the payment of spousal maintenance. You can apply for such orders if you need.

 

[Emy]

Thank You Victoria S. Really appreciate it.

Happy New Year. Cheers.

 

[AllForHer]

Well, they can be ordered to take on that responsibility, but spousal maintenance certainly isn't a right. You'd either need his agreement or an order from the Court to attain spousal maintenance.

 

[Emy]

Thanks AllForher,

As it differs from case to case concerning divorce and spousal maintenance. I'm going to see a Lawyer this week and from there will know what I need to do and not. Will try post his Legal Advise to me here that other persons who may pass by same circumstance get a proper legal advise concerning this matter.

Thank you