Does my stepmother get half of everything?

Question

My dad remarried a lady from India about 2 and a half years ago but she's only lived in Australia (Perth) for a little under 18 months. My dad isn't happy in the relationship and divorce is becoming a more attractive resolution. Now, even though she's been in the country for this amount of time, she doesn't have anything in her name, everything is in my dad's name and is owned by him and this was the case prior to the marriage as well. We all believe now, that she is living and working in Australia to send money to her family in India because she knows she can push the Australian dollar farther than she could with the Indian. She is not an Australian Citizen nor does she have her Permanent Residency.

My question essentially is, will she get half of everything my dad owns or half of what has been accumulated during the course of the marriage?

Thanks guys.

Answer 1

I think she'd only be entitled to what was accumulated during the marriage but you'd have to talk to a lawyer.

Answer 2

Not sure it just depends on the laws there..



Your best option would be to call a lawyer perhaps one that does free consultation, and talk and ask these questions..



Because ive heard of cases where if things were bought prior to the marriage, then they are his.. , sometimes anything bought during the marriage are split.. and sometimes no matter what either owned prior to , that if there wasnt a prenup then she's entitled to half of any assets .. so definately call a lawyer.. and ask them, they'd be best to answer your questions..

Answer 3

I thought Australia was the same as the U.S. as far as marital property goes.



Anything they have acquired during the marriage is split 50/50 - anything that each had before the marriage stays with them. I would imagine this would certainly be the case with such a short marriage.



Your dad needs counsel, but no I don't think she has any right to half.

Answer 4

Tell your dad to divorce her and send her butt back to india. If sh'es not a citizen or a resident , if they were divorced someone would have to petition her stay. So your father will be alright as long as everything is in his name, if anything is in both their names I dont know how that would work considering she has no legal right to stay in the country.

Answer 5

The laws are different in each place.



She might get half of what he earned while they have been married.



He will also be responsible for whatever bills she makes during this time too.



You really need a lawyer to find out the law where you live.

Answer 6

It depends on Australian law. I wouldn't think so....I had a friend who married for the same amount of time and when she divorced, the lawyer asked if she had any proof that income was shared like accounts, etc..she said no and he said that she would get nothing.

Answer 7

i'm from america so rules may be different but its generally half of what was accumulated during the marriage and she would get it cuz she is married to him whether she got her citizenship or not she is granted the rights thru their marriage



if he has money worth her fightin to get he may want to look into gettin her to sign legal paper (drawn up by lawyer) saying in case of divorce she doesn't get anything (we call it prenuptial agreement here) this way he covers his ass in case he does decide to leave her

Answer 8

Only half of what was accumulated during the marriage is the rule where I live (Kansas, USA). He would need to talk to a lawyer about the laws where you live.

Answer 9

Im not sure about Australia but here in the USA yes.. if your married and divorce chances are that everything will be split.

Answer 10

HALF OF EVERYTHING THAT HAS BEEN ACCUMULATED DURING THE COURSE OF THE MARRIAGE, TELL HIM IF HE PROPERTIES HE NEEDS TO TRANSFER EVERYTHING UNDER SOMEONE ELSE'S NAME BEFORE HE FILED FOR DIVORCE THAT WAY SHE WONT GET ANYTHING

Answer 11

Get dad to sell everything he owns, to you, for $1.

After the divorce is final, sell it back.

Answer 12

Hi,your dad needs to go & see a solicator.I am sure a good solicator will look after your dad.Good Luck

Answer 13

She's just using him. Divorce her and leave her pennyless. But I'll almost guarantee you she has money in her country.

Answer 14

yep u only have to be together 12months to get half he better find a bloody good lawyer

Answer 15

does he have a will if not he should then he says who gets what

Answer 16

during the marrige, and if he supported her spousal support

Answer 17

just walk away man