Separation - Legal Implications?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Separation - Legal Implications?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-14-2010, 07:57 AM
Junior Member
 
Join Date: May 2010
Posts: 1
Please update your flag here .

Separation - Legal Implications?

Can anyone tell me what are the legal implications of separation, i.e. if a relationship breaks down and DIAC are informed of this, the sponsored party's visa is cancelled (I assume), but does the sponsored party have any legal rights over the property of the sponsor? What is the best course of action to avoid getting taken to the cleaners?

Thanks


  #2 (permalink)  
Old 05-14-2010, 11:04 AM
Moderator
 
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

88 likes received
1 likes given
Hi,

I assume you're talking about a partner visa? Of course DAIC must be informed of the breakdown in the relationship, but if the applicant still has a connection to Australia (and property could be one such connection, as well as children from the relationship), then it's possible for them to still be granted permanent residency in their own right.

I think that it's more of a family law matter though, as DIAC only has power in regard to immigration matters, not division of property and seperation. So, I would contact a family lawyer to talk to them about the situation. They would be better able to give you professional advice.


  #3 (permalink)  
Old 05-15-2010, 02:32 AM
Wanderer's Avatar
Senior Member
 
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
There are a number of factors that Immi will look at in determining action and even whether you were married or in a defacto relationship could have an impact if you take the site info as a guide,
ie. http://www.immi.gov.au/migrants/part...ty-married.htm reads a little differently under the Relationship heading to what is there for Defactos.

As to legal rights on property, as Ag indicates, solely a legal situation and I imagine any legal process means cost and lots of it.

There are various places where you can get free legal advice from, and you could look Legal Aid wherever you area and see what is about.
I'd sure think of doing something like that first to help you consider what claim you may have and if it is really worth pursuing it.
ie. Would you spend $5000 to get $5000 worth of something etc.

The only real winners are often considered to be the solicitors.





Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Proof During Periods Of Separation For Partner Visa olex Visas and immigration 1 03-01-2011 11:21 PM
Defacto Visa-Still Legal Married to someone else Hawks Visas and immigration 2 12-13-2010 06:56 AM
309 + Separation + pregnancy = ????? sailor Visas and immigration 1 10-31-2010 05:42 AM
Legal advice for same sex couples MitchellTokyo Visas and immigration 2 02-21-2010 05:43 AM
Twin separation dexternicholson General chit-chat and news 0 11-17-2009 02:45 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 09:12 PM.




Powered by vBulletin®
Copyright ©2000 - 2021, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2021 DragonByte Technologies Ltd.
AustraliaForum.com