Legal Question in Family Law in Australia
seperation
A personal friend of mine has been seperated for nearly 3 years. Today his wife served papers saying he had to vacate the family home within 7 days. He does not always stay at this place but usually several times a week, but his sons live there. He pays the mortgage, charging his sons nothing to stay there. His wife is the one that left the family home and has contributed nothing in this time. As this is a Saturday here, he is most anxious to find out how this can be?
1 Answer from Attorneys
Re: seperation
With respect to the paperwork that he has been served with, it makes a huge difference if the document is just an Application as opposed to an Order. If it is an Order, it means that somehow she has convinced a Court to deal with the matter in his absence (which is rare) and he will need to apply very quickly for a stay and to have the order set aside.
If on the other hand it is just an Application, then somewhere on the document it will say when he has to go to Court. There should also be an Affidavit by her setting out the reasons why she says he should move out. I suggest your friend get to a family law solicitor as soon as possible with that documentation.
Greg Shoebridge
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