How can i complain about verbal and emotional abuse? Im in victoria. I want to seperate with three kids and have no

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Customer: How can i complain about verbal and emotional abuse?
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Customer: Im in victoria
JA: What steps have you taken so far?
Customer: I want to seperate with three kids and have no family here
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband doesnt want to leqce the house and threadning me that he will go to court with recordings of me where im raising my voice bcoz they r bot listening Customer: Chat is completed
Answered by Leon in 6 mins 1 year ago
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Leon
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Leon
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Leon, Expert

Hi, I’m Leon a solicitor in Sydney. Thank you for contacting me today. Your question is as important to me as it is to you. I am just reviewing it.

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Leon, Expert

Good Evening

he cannot use the recordings in court unless you agreed to them being made.

If you did not agree they are inadmissible.

Here is a link of who you can all to get help for the abuse and to help you leave the house

https://www.dvrcv.org.au/domestic-violence-helpline

Also if you have never reported any abuse to the police you should document the history and give it to the police.

I hope this has assisted and answered your question today

Regards

Leon

Customer
But i have no recordings or anything written down when he did it
Customer
Im in melbourne
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Leon, Expert

You can draft a statement now

You draft it based on your best recollection.

The link I have given you is for victoria

Customer
What am I legally entitled to?
Customer
As I have no family here I find it very hard to move on and apply for seperation
Customer
Abd what about seperation under one roof?
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Leon, Expert

Are you asking about property settlemetn?

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Leon, Expert

ate under one roof but if he is violent and threatens you this is a mistake

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Leon, Expert

In property matters the law applies the following steps

1. Consideration of whether a property settlement is necessary

The first important consideration for the Court is to determine whether or not it is actually necessary to proceed with a property settlement.

In the vast majority of cases, the Court will decide that it is just and equitable for there to be a property settlement or a change in the ownership of a property. However, in some cases, the Court will decide that each party should simply keep what they presently own.

This may be because:

  • the parties have decided to keep their financial affairs and arrangements totally separate throughout the relationship;
  • the relationship was of a very short duration; or
  • the parties separated many years ago and have organised their affairs on the basis of an informal agreement since that time.

2. Identify and value the assets and liabilities

This involves compiling a list of all assets and liabilities (including superannuation) that are in the individual and/or joint names of you and your former spouse/partner, and attributing a value to them.

Values can be approximate or may be determined by way of a formal valuation, as they should be as accurate as possible. The result should be a table of assets and liabilities which your solicitors will use to determine the value of the total asset pool to be divided.

It is also standard practice to establish what the asset pool was when you first started living together (which may have occurred prior to marriage) to work out any increase in asset values and to establish what each party brought into the relationship (referred to as initial contributions).

3. Assess contributions

Once an asset pool has been established, your solicitor will ask questions about each party’s contributions to the asset pool.

Contributions can be:

  • financial (such as by way of income, mortgage payments or inheritances);
  • non-financial (such as labour to undertake renovations); or
  • by way of being a homemaker and parent.

Contributions are usually calculated as a notional percentage, such as 50/50 or 60/40.

4. Assess “future needs”

Once contributions have been assessed, your solicitors (or the court) will consider what are referred to as the “future needs” of both parties. These include:

  • the age and health of the parties;
  • the earning capacity of the parties;
  • whether one party will have the care of young children;
  • the duration of the marriage or relationship; and
  • any other relevant consideration.

The assessment of future needs will impact the notional percentage reached in Step 2, so that the percentage split of the asset pool may increase or decrease in favour of one or other of the parties to take into account any relevant future needs factors.

5. Is the division of assets just and equitable?

Taking each of the previous steps into account, your solicitors, or the court, will then consider whether the final division of assets as proposed by the parties is just and equitable in all of the circumstances. This may involve assessing the practical effect of any proposed division of the asset pool.

It is form the following link

http://www.landers.com.au/publications/family-and-relationship-law/property-and-financial-settlements-following-separation-or-divorce/

Get the help from the people I sent the link and then see a solicitor and they can advise you further on your entitlements.

Customer
Recently he sold a investment property and asked the money to go into joint account (im not allowed to withdraw money from there) it is joint due bank loans - what can I do to get my share in my personal account
Customer
Reason for under one roof is only that the house is v close to kids school my work and I dont want many changes in my kids life but he cant understand that
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Leon, Expert

You have to start the process in court

Until you do he will control you

Unless you separate officially and get a solicitor nothing will change.

I suspect you will get more than 50% but you need a court order.

Customer
But how much is the fee for court
Customer
My plan is to go to centrelink and seperate
Customer
for a solicitor ?
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Leon, Expert

You can see if they agree to legal aid.

Customer
Who can I ask for legal aid? Where to contact? Centrelink?
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Leon, Expert

Here is the link for legal aid

https://www.legalaid.vic.gov.au/contact-us

The first link I gave you will assist you with everything

Here it is again

https://www.dvrcv.org.au/domestic-violence-helpline

Call them and they will help you with centrelink and legal aid and tell you what the steps are

Customer
Ok thank you
Customer
But can I submit my application for seperation under one roof or I should wait with that
Customer
How much is the fee for solicitor approximately
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Leon, Expert

Legal aid will cost you nothing

You do not submit an application for a separation

Only for divorce.

Call them and get assistance they will explain everything in more details.

Customer
But isnt there a rule that you need to be seperated for one year before you can apply divorce?
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Leon, Expert

yes that is correct

but you do not lodge for separation there is no such application

Customer
But i need to tell centrelink right? If i become single parent i need financial help although im working
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Leon, Expert

yes you do

Customer
Can you stay seperate as long you want or you need to apply for divorce after a year?
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Leon, Expert

you can apply for a divorce when you decide you do not have to apply when the 12 months passes.

Customer
Means I can be seperated for more than that
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Leon, Expert

yes, you can be separated for years if you choose

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