Property settlement helps CALD client get back on her feet

We assisted Aisha, who was born in the Middle East, and who spoke almost no English. She and her husband were married for 17 years and had two children aged 13 and 16 years. The parties moved from the Middle East to reside in Australia eight years ago and became Australian citizens.

The husband sexually assaulted Aisha during the relationship. She also suffered intimidation, verbal and economic abuse and financially controlling behaviour. The husband discouraged Aisha from learning English or from obtaining employment, and she had very limited knowledge of the relationship’s financial matters.

Aisha was very distressed when she approached PCLC as she had limited contact with her husband since he had returned to the Middle East.She was unsure if he was returning and was concerned he would stop making mortgage repayments on the home which was owned in his sole name. Aisha was also concerned that the husband would arrange to sell the house without informing her, or that the house would be repossessed if the mortgage was not paid.As Aisha was not a party to the mortgage, the bank would not provide her with any information about it.

Aisha obtained a caveat over the former matrimonial home, protecting her interest in the property. After PCLC wrote to the husband seeking a property settlement and disclosure, Aisha learned from friends that the husband was attempting to transfer savings to his country of origin.

CLC then obtained urgent ex parte orders freezing the husband’s bank accounts and restraining him from redrawing upon the mortgage. The husband’s bank records and mortgage statements were also subpoenaed.

PCLC represented Aisha at a conciliation conference during which the husband ought to claim an unsubstantiated debt which effectively reduced the equity in the matrimonial asset pool to nil. Despite negotiation, the matter was unable to be resolved at the conference.

Shortly after the conference, the husband sought the immediate sale of the family home, which Aisha opposed. PCLC then negotiated with the husband’s solicitors for the frozen monies held on trust for the parties to be transferred to an account held by Aisha, to be used for the payment of the arrears of mortgage and future mortgage payments until trial. Aided by our office and Counsel’s representation, Aisha was able to obtain Final Court orders for the sale of the former matrimonial home, approximately 80% of the net proceeds of sale of the home, the family car and all the household chattels. Orders for Aisha to have sole parental responsibility for the children were also negotiated on the proviso that the husband’s input was sought.

This case study shows how ready access to legal representation and a fair property settlement can be the difference between post separation financial and emotional recovery or continued hardship and distress.