Divorce and separation, Emma, a 28-year-old Australian

Divorce and separation

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Reference no: EM133855536

Scenario

Emma, a 28-year-old Australian citizen, works part-time as a barista in Sydney. She has limited financial resources but has been in a long-distance online relationship with Daniel, a 32-year-old man from Eastern Europe, for several months. They met through a dating app for people from their shared cultural background and maintained regular communication via messages and video calls.

Daniel expresses a strong desire to be with Emma in Australia and insists that their relationship is serious. After persistent encouragement from Daniel, Emma agrees for him to visit her in Sydney, with Daniel funding his own travel expenses.

A few days after Daniel arrives in Australia, he informs Emma that he does not want to leave her or Australia, and that due to their cultural background, they must marry immediately. Feeling pressured but wanting to support Daniel, Emma agrees, and they have a small civil marriage ceremony within a week of his arrival.

Shortly after the wedding, Daniel tells Emma that in order for him to stay in Australia they need to apply for a partner visa. He explains that the visa process is expensive, and he does not have the funds for this. He convinces Emma to take out a personal loan to cover the expenses. Despite her financial difficulties, Emma agrees and applies for a loan in her name.

As the weeks pass, Emma starts to feel uneasy. Daniel begins withdrawing emotionally and becomes less affectionate. He frequently goes out alone and spends time with new acquaintances, leaving Emma feeling isolated. When she questions him, Daniel dismisses her concerns and reassures her that everything is fine. However, just a few months later, Daniel suddenly moves out and informs Emma that he no longer wants to be with her. He insists that he will continue with his visa application on the basis of their marriage. Emma is left emotionally distressed and financially burdened with the loan she took out for the visa application. Emma does not feel she was ever truly marriage, and because of their cultural background she does not want a divorce.

Emma comes to you seeking advice on whether the marriage can be annulled.

Divorce and Separation

Scenario

Liam and Sarah were married in 2013. They have one child. In September 2023, Liam began an affair. After three months, Sarah discovered it, and Liam ended the affair relationship, but they have barely spoken since. In September 2024, they moved into separate bedrooms. Sarah continued to handle the family's laundry and cooking, though Liam was only home for dinner three nights a week. They communicated through notes left in the kitchen. Over the past year, they were seen together at school events approximately five times. Sarah wanted to leave since September 2024 but feared Liam's temper and worried about her financial situation. In January 2025, she left the family home with their child.

When did the separation occur?

De Facto Relationships

Ethan, a successful real estate developer, is married to Claire. He is also in a relationship with Sofia. He has purchased a house in Lane Cove for Sofia and stays there two nights a week. He also takes Sofia with him on business trips and to some work events.

Are Ethan and Sofia in a de facto relationship? What is the criteria for establishing a de facto relationship?

Marriages less than 2 years

What do you think of the requirement for marriages less than 2 years having to consider reconciliation with the assistance of a counsellor?

Reference no: EM133855536

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