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Where to get divorced


Bear

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Lived in Perth 7 years we have been married 5. We have 3 children a mortgage and I'm the only one working. I have had advice from solicitor getting divorced here means she gets everything, I have to pay for her to get trained up for work costing 10,000 dollars and she could make it so I see the kids supervised 1 hour a week. I am in a nightmare and really need advice. Can I go home and get divorced? Would it stop her bleeding me dry? What age can the kids travel independently 16 18 ?

any experience,help,advice gratefully received!

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No she for children to fly. If young then flights would need to be with s chaperone if no parent flying with them. Cannot see why you would only get one hour a week with the children?

 

Exactly, most solicitors would advise that 50/50 care is a strong option. Supervised one hour visits a week are normally only in use when domestic violence or other issues such as drug abuse have been present. The interests of the children are put before the needs of the parents.

 

In any case, you would have to sit down to mediation before anything was even allowed to get to the family court stage. In mediation, care would be negotiated as would travel. If mediation fails, then you go to court.

 

Time to get yourself a new solicitor or just dump him/her, they are money drains.

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The one hour a week is if she decides to say she is scared of me. She is very spiteful. I would happily cover costs for divorce I just don't want to give her money for training ect because I know she will spend it on clothes and makeup

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Kids can travel as unaccompanied minors over 5 I think. They are just supervised throughout the journey. That's usually between 5-12 but older kids can be UMs if parents request.

 

Sorry can't help with divorce proceedings but women in Australia generally do pretty well in comparison with the blokes.

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Guest The Pom Queen

Would you move back to the UK for good? If so the children would be permitted to come and visit you in school holidays. There are plenty of airlines who deal with unaccompanied minors I think their minimum age is 5 years.

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Hey mate,

 

Sorry for your troubles. Have a look at the forum on mensline.org.au you will get some advice from guys who have been through it on there.

 

You may need to give a few more details, ages of the children, net assets of the relationship etc. you can keep it all annonymous.

 

The interests of the children come first. 50:50 is the starting point unless there is a good reason not to (practicalities, Domestic violence, Alcohol/drug abuse). From about the age of 12, the child's view is taken into account.

 

There will be a split of net assets, probably 55:45,60:40 in her favour.

 

The advice from your solicitor is strange to say the least, unless there is major mitigating circumstances. Times are tough right now, try and keep calm. Start a diary of events. Mediation is the first step before court, book in with Relationships Australia.

 

Stay strong mate, it will get better (maybe worse for a bit first). I have some experience of the family courts and am in Perth if you need an ear. Happy to share the benefit of my experience.

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My post didn't make too much sense as I was doing other things and rushed it. I'll try again. Children from 5 can fly on a chaporoned flight, any age with a parent. Only thing I can think of that would stop a father taking them on holiday would be if the child was very young and still bring breastfed for example. As for the my ex will say she's scared of me. It's fair to say that's been tried millions of times and she can't just throw that one out there and the judge say nasty man, only an hour a week for you. She would need sound evidence that it is not in your children's best interest to see you for more than that. Judges are used to ex's throwing this sort of thing out there. If you were ok to be left with the kids when you were together then you are ok now. Only you know if that's not the case. I've never heard of husbands being forced to shell out thousands on educating/training their ex's, that is a new one on me.

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The one hour a week is if she decides to say she is scared of me. She is very spiteful. I would happily cover costs for divorce I just don't want to give her money for training ect because I know she will spend it on clothes and makeup

 

She can't just say that she's scared of you. For a domestic violence case she would need to make complaints to the police, have them investigated etc.

As for you paying for her to train in something, never heard that one before. If she wants a career she has to pay for her own training.

 

Have to say the first thing I'd be doing is getting a new solicitor, yours doesn't really sound like he's on your side!

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Whilst the airlines may be happy to carry unaccompanied minors that's not much use unless your wife agrees to it. If you are in the UK someone has to get them to the airport and check them in. (It sounds like they are quite young if you have only been there 7 years.) If she is going to try and limit the time you spend with them I think she is unlikely to agree to them holidaying in the UK.

 

Sorry you are in such a mess.

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I would go seek a second opinion from a reputable lawyer who specialises in divorce and family matters and can advise you fully. And if need be, seek a third. I'd not take what you have been told about one person getting everything and only one hour a week with the kids and having to pay for tuition fees as a given. Does not sound right from where I am sitting.

 

In Aus the courts do tend to favour 50/50 for parental rights unless there are issues on either side, ie, domestic violence (we have a number of friends who have divorced or separated and all have 50/50 custody with the kids and have them a week each in turn). I'd also ensure you seek mediation and have it on record as having sought it and been prepared to take part in it. If your wife doesn't want to take part in it or refuses to take part it will then be documented.

 

TBH if you have a life here and want to be near your children to be a part of their lives while they grow up, I think you need to address things here in Aus. Heading back to the UK could make things even more tricky and getting access to the children could become hard. Also making a move back at a later date could also become difficult. I'd want to stay where my kids are and be a part of their lives over anything else.

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