A member asked almost 9 years ago

Cheating husband

I really wants to get out with my kids from the property ?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are having a difficult time. It is not exactly clear what your legal issue is or what kind of help you need. The information below is general in nature and may be of assistance.


If you intend on separating from your husband, you will both need to make some important decisions about your children and assets. Some of the things you may need to consider are: where your children will live and who will take care of them, how your children will be financially supported, how your rent or mortgage will be paid, what will happen to any joint bank accounts, etc. You may not be able to agree on everything straight away, but it is important to reach a temporary agreement in the meantime. Family Relationships Online (www.familyrelationships.gov.au) offers free services and facilities to help you resolve or work through family disputes.


If you are considering divorce, you can only apply for a divorce in Australia if you and your spouse have lived separately and apart for at least 12 months and there is no reasonable likelihood of resuming married life. Applications for divorce can be made with the Family Court (www.familycourt.gov.au).


Even though you and your spouse may be separating, it is important to remember that both parents are the most important people in your children’s lives. The law says that the best parenting arrangements are those where the children continue to have a meaningful relationship with both parents, where both parents share responsibility for the children, and where the children live in a safe environment. You and your husband will need to agree on parenting arrangements. If you are not able to agree, you or your husband can apply to court to obtain parenting orders with respect to your children.


There is sometimes a connection between family breakdown and violence, and children are often most at risk. If you or your children are at risk of family violence, you should contact the WA Women’s DV Helpline (24 hours) on 1800 007 339 or the National Domestic Violence Counselling Service on 1800 200 526. If you or your children are in immediate danger, call the police on 000.


Suggested way forward

Family law is a complex area. If you are intending on separating from your husband permanently, you may want to consider speaking to a lawyer who can help advise you of your rights with respect to property division and parenting arrangements. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

Val Antoff
1 lawyer agrees with this answer
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