See.for that the UK laws shall he applicable.and in accordance to same you can file a maintenance application in UK but since countries are different and it would be difficult to manage execution.of order engage some.attorney in Australia and file for.same.in australian court that is.family court where husband resides.
Wife maintenance when living different country and looking after his child
Hi, I’m married an Australian citizen man about three years ago, marriage was documented in Iran as were are both original from there. Husband wanted me to live in Australia but I found it very difficult and returned with my baby girl to london, where I’m resident and live originally. He is not happy about this and refuses to pay for my maintenance in london while taken take of my baby full time. Initially the plan was that he would try to come to uk and live here After few years but change his plan and dosent want to move. His only solution is for me to give him my baby so his mum can look after ( my child is the only grandchild of their family, the other two brothers of his dosent want to have any children and the mother is extremely controlling). My baby was also born in london and we both Britain passport. Also I used to have a high salary but had to resign in order to go to him and no have no earnings. I don’t want to seek money from the government here while taking care of my baby as my husband is very rich and has full time job. Please could you advise if it’s possible for me to seek maintenance for myself during this time, give that his living in Australia and I’m in the U.K.?
Asked 7 years ago in Family Law
Religion: Muslim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
22 Answers
You can file application in London seek maintenance for yourself and your child
2) you can also seek sole custody of your child
3) welfare of child is paramount consideration
Please can you advise if I need to get divorce first or can I do this while I’m still married? Also, I’m not working, am I entitled to free solicitor in U.K.
Asked 7 years ago
You can ask for maintenance in the period you are still married.
You can seek legal aid for same.
You can file application for maintenance even while being married
2)if you cannot afford legal fees you can avail legal aid
As both of you are Iranian origin and your marriage has been solemnised in Iran itself as your husband is living in Australia and you are living in UK you can file maintenance petition in UK or in Australia to get the maintenance from your husband India has no jurisdiction on this has anyone of you are not Indian
Are family are both from Iran and we were both born in Iran. But since young age I’ve lived with my parents in uk and husband moved to Australia nearly 15 years ago. Please could you advise how long would this take? I’m currently borrowing money and don’t want my husband to come and take away my baby with him?
Asked 7 years ago
As you have mentioned that you are holding United kingdom's passport then you can approach to the United kingdom's court in this regard and court will send notice to the husband in Australia to appear before the court otherwise you have to approach to Australian Court where both of you are living together and the Australian court will look after the matter as per their procedure
1) local lawyer can guide you time taken for disposal of case
2) you would get custody of your child
3) seek injunction restraining husband from taking child abroad
1. To apply for maintenance there is no need to file file suit for divorce. Since you are settled in UK at present you will have to invoke the law of that land to seek necessary remedies. Hence it is advisable to engage an advocate based in UK.
2. The advocate situated in India would not be of much hep when your case is to be filed in London court only.
3. Being a person of Iranian origin and presently holding a UK passport I am not sure why you are seeking help form advocates in India.
1. You both hail from Uran.
2. He is now a citizen of India.
3. You have British passport.
4. You both had documented your marriage in Iran as per Sharia.
5. You can file a divorce sut before the U.K. Court as per British Law but its order for paying you maintenance will not be enforceable on your husband being an Australian citizen though the decree of divorce will be considered as valid in U.K.
See for interim relief it won't take long time the court in UK and australia are vigilant in family matters.
1. You can avail the service of the social welfare scheme of U.K. Government and take the help of a solicitor who will agree to act pro bono for you.
2. The claim for maintenance/alimony, child custody and divorce can be filed simultaneously.
1. Your priority should be the child custody and if you state that you have no earnings to maintain your daughter then the Court might be encouraged to pass on her custody to your husband who is admittedly rich.
2. Engage a local lawyer having expertise in this field to pursue your case properly.
How are you connected to India? I'm asking this because most of the Advocates here on this forum answer with respect to Indian Law. Since I don't see your connection to India, Indian Laws are not applicable.
Having said that, as a rule of thumb, you will be entitled to maintenance during the pendency of your suit. So you have to first file Divorce and in your Divorce petition you can claim interim maintenance.
If you are able to prove your financial status, you will be entitled for free solicitor in the UK.
The laws of two different country is involved in this.
You should look for the possibilities to claim maintenance from him from London on the basis of your citizenship especially if the decree granted by UK court is enforceable in Australia or not.
You may consult an attorney in UK and try to understand the law involved in it and for the possibilities of any remedy to you.
You can seek maintenance alone by filing a proper case in UK even without getting divorced, you may look for free legal advise is there is any provision in law in UK for that.
You may better consult an advocate or an attorney in UK who will inform you about the laws involved in it very clearly and the steps to be taken in this regard in order to get some respite or remedy.
1) Your divorce and maintenance will happen as per Iran Act, under Muslim law.
2) Because your marriage was solemnized in Iran and documented in Iran so it will follow Iran law.
3) Now you can check with UK and Iran law combination whether these two countries have bilateral agreement of human rights. Along with same with Australia country.
4) Otherwise you have to take your case in International Court of Justice.
- As per the information mentioned in the present query, makes it clear that you are in need of immediate money.
- Yes, while you have been contesting for divorce, you can ask for the maintenance by making an application for the interim maintenance, and you would surely get free legal aid in UK also as there has also been a provision for providing the free legal aid, just approach the concerned department in the court premises itself.
- You will have to state everything in the application about your present financial liability towards the child and yourself, and he being the money man should definitely look for the child in terms of money requirement at least.
You can either file for maintenance if you have no source of income and are unable to maintain yourself. The food having jurisdiction to word maintenance to you would be either Australia or Iran, where marriage was solemnized.
You can file for maintenance while being married to your husband.
Filing for divorce is not mandatory for claiming maintenance.
You can avail free legal aid services if you have no source of income.
You should get in touch with some solicitor practicing in Australia as procedure for grant of maintenance as well as working of the judiciary differs from country to country.
Also, can file for restraining order against your husband so has to restrain him from taking your child along with him.
Yes you can seek maintenance and divorce against him
