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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18908
Experience:  18 years experience. Admitted in New South Wales and the UK.
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I have lived in the UK for 25 years. Greek by birth but brought

Customer Question

I have lived in the UK for 25 years. Greek by birth but brought up in Germany. I am now a UK national as well as being a resident for 25 years. I met my husband over 20 years ago and we have been together for 16 years married just under 6 years. He is Australian by birth but has been residing in the UK for over 25 years as well. We purchased a house in the UK together approximately 8 years ago. Last year around Sep-12 my husband received a job offer in Australia. We decided he should take the offer and travel to Australia first, with the view of me following at a later date once we applied for my spouse visa. He left the UK on the 31.10.12 for Australia, Queensland. He landed in Australia on 2.11.2012. He returned for 10 days over Christmas and I travelled to Australia in Feb-13 for two weeks holiday. During those two weeks we completed my visa spouse application and I attended Brisbane health centre for my medical which is part of the visa requirement. I was going to submit the application once returning to the UK to the Australian High Commission in London. On my return to England approximately one week later before submitting the application I learned that my husband was having an affair. Whilst he made attempts to apologise for his behaviour and save our marriage he continued his relationship with the other woman, which ended later. He then met another woman which I believe he also had an intimate relationship with. Our marriage officially came to an end in July-13 after uncovering many lies. In September he returned to the UK for just under 3 weeks at which time he had met yet other women and moved in with. I filed in September-13 in the UK for divorce on the grounds of adultery. My husband signed the acknowledgment form but contested the adultery charge. In order to keep matters amicable and have a quick divorce I amended the divorce petition to unreasonable behaviour. I agreed on the divorce petition that I would not make any financial claims other than what we agreed (he signed a consent order stating the division of assets) as long as he does not defend. I also agreed that I would cover the legal costs again under the condition that my husband would not defend the divorce or financial order. The amended petition was filed on the 10th October 2013. I emailed the documents to my husband and he refused to acknowledge or sign them. I then employed and Australian company to serve the papers to him! This was done on the 31st October 2013 at his workplace. After being served my husband returned the acknowledgement form to the UK (Watford) court stating that he filed for divorce in Australia on the 6th November 13, disputing the reasons for divorce on the ground of unreasonable behaviour and wishing to defend the petition. He then sent me an email with an Australian divorce petition filed by him as a sole applicant. This petition was a draft and I have yet to be served the signed and stamped papers. I noticed that on the draft application he knowingly answered question incorrectly. Question1: Are there any current or pending cases in this or any other court about family law, child support, family violence, or abuse in relation to a child (including orders which have applied to a child or a member of the child’s family), or child welfare, involving any of the parties and/or children listed in this application? His answer was: No Question2. Date of separation His answer was: 26.10.2012 In the meantime I have signed the Decree Nisi application, which has been submitted to the UK court. My questions: 1. Can I take some form of legal action or report to the Australian court that he has knowingly provided false information? There is a current pending case in the UK, which he has full knowledge off. Please bear in mind I have not been served any paperwork as yet. 2. Is there a process to ask for proceedings in Australia to be halted or dismissed based on the facts that he has been dishonest and divorce proceedings are already in progress in the UK? 3. If not, will I have to go through the process to contest the divorce on the grounds of jurisdiction being in the UK and separation being less than one year? 4. Will I need to attend court in Australia in person? 5. Would I be able to reclaim legal costs if I have to employ solicitor and court fees in Australia? 6. Would he be able to gain jurisdiction in Australia even though I filed in the UK and served prior to him filing in Australia? 7. What prove will I have to submit to the court to defend separation date? Geographically speaking we were separated but our marriage did not end until July-13. I have emails, daily skype conversation, and paperwork from health centre in Brisbane. I could obtain witness statements etc.

 

Further information I missed. We were married in Australia, Perth during a 3 weeks holiday but always living in the UK.

Submitted: 3 years ago.
Category: Australia Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Happy to wait for an answer on my question

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

If you find that your question is not getting answered you may want to consider posting your question on the US version of our site, www.justanswer.com, where your question would be made available to a wider range of professionals. You may be able to get an answer faster on the US version of JustAnswer.

You will need to place a new deposit on the US site. You can get a refund of your deposit on the UK site by following this link:

www.justanswer.co.uk/refund/refund.aspx

Please let me know if you need further assistance,
Nicola
Customer: replied 3 years ago.


Dear Nicola,


 


Please close the question and I will try and find an answer through an international law firm


 


Will the deposit for this unanswered question be refunded?

Expert:  Nicola-mod replied 3 years ago.
Hello Tess,

Yes, we will refund the deposit.

I apologise again as we could not assist you.

Thank you,
Nicola

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