Separation - Legal Implications?

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Separation - Legal Implications?

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Old 05-14-2010, 07:57 AM
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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?


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Old 05-14-2010, 11:04 AM
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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.

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Old 05-15-2010, 02:32 AM
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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. 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.

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