separated, how to convince aussie consulate?

[steve2112]

my mate is separated and his wife is living with the new bloke (thai) and has a kid with the new bloke (she's about 2 now i think)

 

my mate (aussie) is getting a married pension and wants to file as single because he gets more.

 

how can he convince the oz consulate that he's separated if his wife will not help?

 

thanks, steve

Edited October 20, 2017 by steve2112

[Kwasaki]

Go to the province office and get a confirmation of divorce.

[Thanyaburi Mac]

Divorce, unless mutually agreed upon, would take a court action, but does look like the guy has grounds for a divorce.

 

Mac

[Peterw42]

Contact Centerlink direct and fill in the  paperwork they want. Not sure why you would be contacting the consulate, other than to fill a stat dec if required.

 

Here is the form to notify centerlink you are seperated.

 

https://www.humanservices.gov.au/individuals/forms/mod-s

 

you can lodge and advise centerlink via the mygov website.

 

People seperate, awaiting divorce, everyday. Even in Australia there is no official separation document, the most they could ask for would be maybe a stat dec.

 

Edited October 21, 2017 by Peterw42

[Andyfez]

Bea r in mind that if the marriage is registered here in Thailand, then usually it is better to divorce in Thailand .

I don't know about Australia, but whereas Thailand doesn't recognise foreign marriages, and they have to be registered here, Uk for instance does recognise marriages in Thailand.

So... If you get divorced overseas, and it's registered in Thailand, you will still be married here, and need to do the divorce again.

While if you divorce in Thailand it is recognised by the uk and just needs to be registered in UK once done.

[ubonjoe]

4 minutes ago, Andyfez said:

I don't know about Australia, but whereas Thailand doesn't recognise foreign marriages, and they have to be registered here, Uk for instance does recognise marriages in Thailand.

Thailand does recognize foreign marriages. A foreign marriage certificate is accepted at embassies and consulates. Only immigration wants the foreign marriage registered at an Amphoe for a one year extension.

You do not have to go through the entire marriage registration at an Amphoe to get the fancy marriage certificate. If is is merely a formality to change yours spouses marital status in their registry. After the registration they will issue a Kor Ror 22 marriage registry as proof it was registered.

Most countries in the world recognize a Thai marriage.

[1337markus]

Thanks  ubonjoe your explanation is crystal clear. The previous comment by the second line I was totally lost. Third line I felt I was on weed, no idea. 5555

[sloperating]

10 hours ago, Peterw42 said:

Contact Centerlink direct and fill in the  paperwork they want. Not sure why you would be contacting the consulate, other than to fill a stat dec if required.

 

Here is the form to notify centerlink you are seperated.

 

https://www.humanservices.gov.au/individuals/forms/mod-s

 

you can lodge and advise centerlink via the mygov website.

 

People seperate, awaiting divorce, everyday. Even in Australia there is no official separation document, the most they could ask for would be maybe a stat dec.

 

More good advice from Peterw42. Alternative email address is [email protected]

[connda]

11 hours ago, Thanyaburi Mac said:

Divorce, unless mutually agreed upon, would take a court action, but does look like the guy has grounds for a divorce.

 

Mac

My Thai wife has a child with a Thai man and is living <receiving support> from him. 
That is grounds for divorce.  But!  Best of luck on that long a painful process full of Thai lawyers and the Thai courts, who no doubt will have the best interests of a foreigner in mind.

[isitworthit]

I hope you have reported the separation to DHS and not been colection married payments for how ever long you have been single.

If still collecting as being married thet may make you pay back what you have been paid before receiving any other payment 

[David Walden]

On 10/21/2017 at 8:51 AM, Peterw42 said:

Contact Centerlink direct and fill in the  paperwork they want. Not sure why you would be contacting the consulate,  other than to fill a stat dec if required.

 

Here is the form to notify centerlink you are seperated.

 

https://www.humanservices.gov.au/individuals/forms/mod-s

 

you can lodge and advise centerlink via the mygov website.

 

People seperate, awaiting divorce, everyday. Even in Australia there is no official separation document, the most they could ask for would be maybe a stat dec.

 

Plenty of blokes all over Thailand have done the same thing.  Just ring Centrelink on the international number you should get straight through.  You only have to be separated to get the single pension, next time you get involved make sure your partner is only your carer...this is not a big problem, you can get separated with usually a stat. declaration and your pension will revert back to a single rate.

Edited October 22, 2017 by David Walden

[Peterw42]

35 minutes ago, isitworthit said:

I hope you have reported the separation to DHS and not been colection married payments for how ever long you have been single.

If still collecting as being married thet may make you pay back what you have been paid before receiving any other payment 

The OP is asking how to report the separation. Married payment (per person) is less than single so there would not be anything to pay back. The guy may even have a case to back date the single pension.

Edited October 22, 2017 by Peterw42

[Alanmel]

Stat Dec definately, for both my marriage (in NZ to Central American)and  divorce in Oz, which I had to prove how long we were seperated, I needed stat  decs (from friends/family and myself)

[David Walden]

24 minutes ago, Peterw42 said:

The OP is asking how to report the separation. Married payment (per person) is less than single so there would not be anything to pay back. The guy may even have a case to back date the single pension.

Usually with Centrelink you will have your payments restored back to the date you made the application.  You really only have to establish that you are living separate to be single.  Even living in a jointly owned home but "living separate under the one roof" in Aus is OK you both get the single pension.  I spend half my time in Aus and half in Thailand.  The above situation applies to me.  

[isitworthit]

He Reports to DHS as a married person 

On any document from DHS it ask you to contact if any 

changes please contact.

Not really a case for back pay is up to individuals to contact if any changes 

[steve2112]

On 10/21/2017 at 8:51 AM, Peterw42 said:

Contact Centerlink direct and fill in the  paperwork they want. Not sure why you would be contacting the consulate, other than to fill a stat dec if required.

 

Here is the form to notify centerlink you are seperated.

 

https://www.humanservices.gov.au/individuals/forms/mod-s

 

you can lodge and advise centerlink via the mygov website.

 

People seperate, awaiting divorce, everyday. Even in Australia there is no official separation document, the most they could ask for would be maybe a stat dec.

 

thanks, i'll tell him

[ELVIS123456]

On 10/22/2017 at 7:13 PM, steve2112 said:

thanks, i'll tell him

Also tell him to contact the Aust Embassy and get a list of 'recognised' lawyers.  If he wants to use a lawyer OK, or he can try and do it himself, but he should start the proceedings to officially divorce ASAP.  This is in addition to the CLink details to get the single pension.  There are several threads on TV about how to get a divorce in Thailand - he/you need to read them.

 

Dont just 'let it go' and dont officially divorce because it is Thailand.  There could be financial 'punishment' later on if his ex-wife or family or relative decides to take court action for anything.  If you dont divorce then you are still technically married. Get divorced while he/you have nothing - win/inherit something and things can change very quickly.

 

[David Walden]

23 minutes ago, ELVIS123456 said:

Also tell him to contact the Aust Embassy and get a list of 'recognised' lawyers.  If he wants to use a lawyer OK, or he can try and do it himself, but he should start the proceedings to officially divorce ASAP.  This is in addition to the CLink details to get the single pension.  There are several threads on TV about how to get a divorce in Thailand - he/you need to read them.

 

Dont just 'let it go' and dont officially divorce because it is Thailand.  There could be financial 'punishment' later on if his ex-wife or family or relative decides to take court action for anything.  If you dont divorce then you are still technically married. Get divorced while he/you have nothing - win/inherit something and things can change very quickly.

 

You do not have to divorce to get a single pension.  You simply need to prove you are single.  Being divorced will not prove you are single.  Even if you divorce Centrelink will want you to prove you are single.

[ELVIS123456]

On 10/24/2017 at 12:31 PM, David Walden said:

You do not have to divorce to get a single pension.  You simply need to prove you are single.  Being divorced will not prove you are single.  Even if you divorce Centrelink will want you to prove you are single.

True. CLink will want proof you are living by yourself.

 

I was adding the point that just because CLink accepts you are single, does not mean the guy should not also get a formal Thai divorce. You never know when that ship might sail in - and having to share it with someone you have not lived with for year/s is something to avoid.

 

[David Walden]

2 hours ago, ELVIS123456 said:

True. CLink will want proof you are living by yourself.

 

I was adding the point that just because CLink accepts you are single, does not mean the guy should not also get a formal Thai divorce. You never know when that ship might sail in - and having to share it with someone you have not lived with for year/s is something to avoid.

 

You don't even have to be separated to be single.  You can be "separated and living under the same roof" (form from Centrelink) You will most likely be required that you have divided your income and finances, have separate bank accounts.  You can have a joint bank a/c to pay shared household expenses,  you must have very limited joint social outlets, do not holiday together or travel overseas, do not sleep together but have separate bedrooms, have own car (better).  You can still live in the jointly own home you share.  You will both receive a single Australian pension.  I have 1st hand knowledge of this situation and so do about 100,000 or more other Aussie couples  "Separated under one roof".

 

  Living in Thailand with regular trips back to Aus is better, medically, and other things.  Your regular trips back to Aus will give 6 months supply of prescriptions, your pension will revert back to the full $894.40.  See a Doctor,  and you can get subsidised dental treatment. Medical treatment in Thailand is "cheap but not facey" The list goes on.  Common ailments are easy to detect and cheap in Thailand by Thai doctors.  Complicated diagnosis and treatment not so good, can be hit and miss.  If you have been absent from Aus for a long time you may have to re-qualify.   

 

  Be careful of Centrelink officers some may say not possible.  But the above situation is doable and quite common.  Living in Thailand will enhance your success not hamper it if your Thai wife has deserted you.  Remember also that the payments will commence from the day of your application.  Centrelink may regard your application is not urgent and delay approval if you are financially secure but it will happen, you will be paid the back payments, a trip back to Aus will make things easier  If your estranged partner is happy about this all will be well.  You can have your cake and eat it as well?

 

 

Edited October 25, 2017 by David Walden

[ELVIS123456]

On 10/25/2017 at 3:12 PM, David Walden said:

You don't even have to be separated to be single.  You can be "separated and living under the same roof" (form from Centrelink) You will most likely be required that you have divided your income and finances, have separate bank accounts.  You can have a joint bank a/c to pay shared household expenses,  you must have very limited joint social outlets, do not holiday together or travel overseas, do not sleep together but have separate bedrooms, have own car (better).  You can still live in the jointly own home you share.  You will both receive a single Australian pension.  I have 1st hand knowledge of this situation and so do about 100,000 or more other Aussie couples  "Separated under one roof".

 

  Living in Thailand with regular trips back to Aus is better, medically, and other things.  Your regular trips back to Aus will give 6 months supply of prescriptions, your pension will revert back to the full $894.40.  See a Doctor,  and you can get subsidised dental treatment. Medical treatment in Thailand is "cheap but not facey" The list goes on.  Common ailments are easy to detect and cheap in Thailand by Thai doctors.  Complicated diagnosis and treatment not so good, can be hit and miss.  If you have been absent from Aus for a long time you may have to re-qualify.   

 

  Be careful of Centrelink officers some may say not possible.  But the above situation is doable and quite common.  Living in Thailand will enhance your success not hamper it if your Thai wife has deserted you.  Remember also that the payments will commence from the day of your application.  Centrelink may regard your application is not urgent and delay approval if you are financially secure but it will happen, you will be paid the back payments, a trip back to Aus will make things easier  If your estranged partner is happy about this all will be well.  You can have your cake and eat it as well?

Cheers David - I did a bit of checking and you are dead right mate.  Clearly you cant deliberately do it to get extra pension payments, but if you go through the steps you have outlined then there is no choice but for CLink to accept and pay you at the single rate. Then it is up to CLink to prove you are not 'seperated' - which really means someone would have to dob you in and give some details.  Mmmmmm.  That is definitely in the mix for future planning .

[David Walden]

4 hours ago, ELVIS123456 said:

Cheers David - I did a bit of checking and you are dead right mate.  Clearly you cant deliberately do it to get extra pension payments, but if you go through the steps you have outlined then there is no choice but for CLink to accept and pay you at the single rate. Then it is up to CLink to prove you are not 'seperated' - which really means someone would have to dob you in and give some details.  Mmmmmm.  That is definitely in the mix for future planning .

The situation above mainly applies to my situation.  There thousands of seniors in senior's rental accommodation in Aus which are designed so that a connecting door which can be locked  separating you from the person you are married to  making you legally single and separated...of course the door can be just unlocked as often as you wish.  It's just 2 small rental units  side by side.  Most of the companies providing this type of rental accommodation and there are thousands will only accept single people so you can be married and single at the same time.  One of the good things about this type of accommodation  is if you don't like the location you live in you can just move to another location with the same company.  Many of these accommodation providers have locations all over Aus, Qld.    NSW    Vic.   W. A.   S.A  Tas. ever ACT....you name it...Thailand yes?

 

PS yes you can deliberately do it to get the single pension.  You just have to be single.  It's no business of Centrelink of how you got to your personal situation.

Edited October 27, 2017 by David Walden

[David Walden]

On 10/25/2017 at 9:04 AM, ELVIS123456 said:

True. CLink will want proof you are living by yourself.

 

I was adding the point that just because CLink accepts you are single, does not mean the guy should not also get a formal Thai divorce. You never know when that ship might sail in - and having to share it with someone you have not lived with for year/s is something to avoid.

 

Good one Elvis...keep shooting them down in flames.... Sorry Elvis I have trouble counting up to 5...5555