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| Is this an Aussie thing | |
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| Topic Started: Jul 3 2009, 01:08 AM (478 Views) | |
| msplants | Jul 3 2009, 01:08 AM Post #1 |
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Anklebiter
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or I am just not with the times at all? I have noticed that I run into a lot of people who either are living with someone who is permanently separated or they are separated and have been living with someone for years. Back in the states I didn't really run into people in this situation very often. Are the laws in Australia different to where people wouldn't want to finalize their divorce? I have a workmate who just bought a house with a man who seems to be permanently separated with no intention of getting the divorce. Another friend's mum has lived for 15 years with a separated man. It just seems odd to not get the divorce eventually. Does the spouse still get the property if he should die even though they have been separated for years? Hope someone can shed some light on this as I'm curious. |
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| surfermomkelly | Jul 3 2009, 07:46 AM Post #2 |
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True Blue Mate
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That is odd, I don't know anyone there or here like that myself, but ya odd 
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| Pamm | Jul 3 2009, 09:02 AM Post #3 |
True Blue Mate
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My mom's parents separated when she was a little girl, we were always told he'd died. I found out years later when I started doing the family tree that he had not only been alive till I was a teenager, but that there was a woman he lived with who tried to claim his Social Security when he *did* die. Needless to say, she lost and Granny won on that one. This was in America, not sure how common it is, especially amongst Granny's generation. |
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| TerritorianTori | Jul 3 2009, 02:07 PM Post #4 |
Caught between a rock and a crazy place.
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I don't think it's an Aussie thing. It's probably just the people you are meeting. Oh, I have a family story too - my mother told me that the man she knew as "Grandpa" was never legally married to her grandmother because he was only separated from his first wife. They were Catholic and his wife wouldn't give him a divorce. Of course, no one talked about it at the time, my mother only found out when she was an adult. I suspect that sort of situation was more common 50+ years ago. And this was in the States, too. |
 South Texas to the Northern Territory - since 2004 Spiritwalker | Jason | Ethan I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia | |
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| boomerang | Jul 4 2009, 03:31 PM Post #5 |
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True Blue Mate
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I think (but I'm not too sure) that you have to be 'separated' for 12 months before you can obtain a divorce. |
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| crapola | Jul 4 2009, 04:42 PM Post #6 |
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True Blue Mate
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yes, then it takes another 3-6 months to go through the court system once you've filed. |
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| Mel | Jul 6 2009, 09:29 PM Post #7 |
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Piker
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not sure about the aussie thing or not, but my husband was only with his first wife a year, then separated for 12 years, she filed when she wanted to get married, There is no 'alimony' as far as I know the only thing that needs to happen in a divorce is a property settlement, and child support is payable regardless of separated or divorced. My husband said this was a good thing to tell the person he was dating at the time, can't get married cause he wasn't technically divorced? or maybe laziness? mel |
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| tazydevil5 | Jul 10 2009, 09:04 AM Post #8 |
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True Blue Mate
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In Australia you have to be seperated a year prior to filing for the divorce..... I guess an example of what you are saying is my sisters case. A divorce at this point is just the finality. All the property has been split and if something happened to him now she wouldnt be entitled to anything more. So yes, its only the bit of paper waiting. Now they have been seperated nearly two years...he had an affair....so as the story goes, she's not paying for the damn divorce. If he wants a divorce then let him pay for it LOL.... Unless she plans on getting remarried at some point it really doesnt matter. For tax purposes, she only had to put his details on first tax return i.e seperation dates etc, then he is considered nothing to her. Love Robyn |
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| redinindy | Jul 11 2009, 11:50 AM Post #9 |
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Yacker
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back in the states, i lived with a man for 18 years and then decided to get married which was my first marriage at the age of 47. used to joke with him i would marry him on his death bed to get his social security. common law wasn't recognized in the state i lived in which was indiana, which is probably why msplant didn't see it often...there was no property protection without marriage....well, he wasn't dying but married him anyway. was married less than 3 years and separated. took 2 1/2 yrs to get the divorce. i filed soon after separating cuz he told me he was filing but didn't, and he was a real jerk not finalizing it. i wanted out so bad, i gave him almost everything. it became so complicated until he realized i left the states and wasn't going back to him. here, my partner's wife filed after a year of separation. he signed the papers immediately, sent them to the courts and in 31 days he was divorced. no contesting, he gave her everything. very simple... here, defacto is recognized and now a couple can register with the government after 2 yrs of the relationship as defacto which gives them rights in separation/property...which is probably why separated couples do not readily get a divorce since defacto registration allows community property rights as if married then divorce. which is another thing, when my partner and i were trying to determine what country to settle in, we were both still married to someone else. defacto visas are not accepted in the states. at least a year ago it wasn't, don't know if the the states grew up and got with the times since then. Edited by redinindy, Jul 11 2009, 12:17 PM.
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