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Post #32956 by GiddyGirlPerth on November 17th 2010, 10:12 PM (in topic “Annulment”)


Hi there

I have been researching the terms of the Annulment Laws.  The Marriage Act 1961 section 23B 1dii states that the "consent is not real…as that party is mistaken to the identity of that party."

I did not know that my ex had major addiction issues.  He kept every item of pornography at his parents house in his old bedroom - the entire three suitcases full.  This addiction totalled our marriage.  I do not feel that I ever knew this person at all. The incredible length and depth of deception has been extraordinary.

Had I ever known of this addiction or its extent I would have ended the relationship immediately.  I certainly would not have married this man.

Do I have grounds for annulment?

Also on my side was expedient approval given 5 days before we were married when I had severe PND and a major undiagnosed underlying pancreatic disorder at the time.  I was VERY unwell and will have no issue producing specialist medical evidence to support this.

Why did we get married within 5 days? Because I knew it was the only way that I would not back out. I told him that at the time.


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Post #32955 by GiddyGirlPerth on November 17th 2010, 9:55 PM (in topic “Property Settlement Query”)

Property Settlement Query

Hi there

I have one question:  if no one in this relationship files for financial separation, what happens after the twelve months post divorce time expires?  The family home is in joint names. Does the ex have any claim on this asset down the track after this twelve month period expires if I pay the mortgage in the interim?


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Post #31827 by GiddyGirlPerth on September 12th 2010, 2:33 PM (in topic “Financial Settlement Questions”)

Financial Settlement Questions:

Hi Mike

I have finally been able to draw enough breath to reply.  Thank you for your response.  Like I said, I really need assistance with all of this, particularly the financial settlement.  I have to look after these children.  I would greatly appreciate any feedback form anyone.


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Post #31734 by GiddyGirlPerth on September 7th 2010, 10:50 PM (in topic “Financial Settlement Questions”)

Financial Settlement Questions

Hi there

I really need some assistance with strategy here.  I have separated from my ex who has addiction issues.  In order to go to financial settlement now, the family home will need to be sold.  Because we have three kids all with special needs, I have not been working much over the last eighteen months, and cannot show servicing on a new home loan, and won't be able to for the next twelve months or so.  For the first time in eighteen years, I am looking down the barrel of no home ownership. I came in to this eight year marriage with two houses, ex with none, and have out earned him the whole way through, too, as well as being the main care provider for the kids.  How on earth can this be allowed to happen?  My family has offered to assist with the mortgage if it helps me to retain the home for my sake and the kids.  Ex gets to keep the investment property in his name, but I will still need to pay him out if this went to financial settlement now. In order to pay him out, I will need to sell the family home.

What I need to know is:

1.  if I continue to pay the mortgage on the family home with no contribution from ex, will this sole financial contribution be considered in financial settlement later?

2.  given that both our names are on the mortgage and the title, is there a period of time where I can file to retain the home without having to pay out my ex if I am making all of the mortgage repayments by myself?

3.  if I do sell and buy another home, what can I do about the mortgage payments that I have made so far without his contribution in the way of financial claim? It seems so pointless to keep going through all of this for ex just to come through and cash in on everything that my family has given to me to assist.

4. Given the cost of repurchasing another property including the stamp duty is likely to be roughly $30K, can I factor in these purchase costs in to a settlement if he chooses to retain the investment property and not reside in it?

I am not here to rip this man off. After years of addiction and watching so much money go down the plug hole I am very reluctant to hand over any more for the same thing to happen again, and have my kids to be left with the uncertainty of a rental home for accomodation.  I have offered all of the shares, super, the boat basically everything except the home where the equity is. This family has been through enough, and any money that goes to him will not go towards the kids.

Please, I really need some help to protect myself and my kids for now and the future.  I need to stop trying to be fair and get smart.


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