I'm not a lawyer but I just finished a divorce in the US so here are some of my thoughts. I'm not sure how it works in Australia but I'm not sure why your brother has been living separately for so long without filing for the divorce. It seems as though he has let her dictate the terms of this separation including when he can see his kids. It's a mistake most guys make which is how so many get fucked in a divorce. While I think the system in America is skewed toward the female, you can fight hard and smart to get as good a deal as you can. If I were him, I would never have left my house until the divorce was done. Or at least not until some legally binding temporary arrangement was in place which would have ensured my ability to see my kids.
His idea of representing himself and expecting that the court will see how crazy his wife is, is a fool's errand. Now his wife may indeed be crazy and wildly unreasonable, in which case, yes the court will likely see some of his side. That depends on the judge, how he or she has ruled in previous divorce cases and what laws are in place. He must get a lawyer though, no ifs, ands or buts. The lawyer can help him get a more favorable judge assigned to his case, help him make his soon to be ex look mad and unreasonable in expectations of getting the best deal and also be able to negotiate through the legal system. The family court system in the US is not set up as easy to negotiate through for a lay person. A sharp lawyer will know the laws in and out, will know how to work the judges and will be straight up in telling you what you can and cannot win. What your brother needs to do is interview a few lawyers, find one who can try a case, not just negotiate a settlement, very important, hugely important. After he finds one, then he needs to become a legal scholar and research all of the statutes that will pertain to his case and bounce ideas off of his lawyer so they can together come up with a winning strategy.
His current strategy of hoping the court will take mercy on him and self- representation is a loser strategy and he will end up with a terrible result. His acting reasonably so far will help him, no doubt but not as much as he would like to believe. Acting reasonably up front but then behind the scenes plotting and planning to put her through the ringer is what he needs to do. I showed no mercy on my ex wife. I stayed living with her in my house for nearly all of my divorce of 2 years duration. When she told me she was serving me with divorce papers, I defiantly told her that I would not be moving out. It was my house as much hers so her lawyer couldn't do a damn thing to get me out. I knew the law and my lawyer cosigned my decision to remain in my house. I have close to 50% time with my kids, a payment that while is a lot, is about where I hoped to end up and I got to keep my business. Only by being ruthless and cold blooded did I get a good deal. And having a sharp lawyer.
In fact, if there is no legally binding agreement with your brother and his wife currently, he could most likely move back into his house and she wouldn't be able to do a whole lot about it. Again though he needs a lawyer. Yesterday. Hopefully Merenguero who does divorce law will see this thread and comment.
His idea of representing himself and expecting that the court will see how crazy his wife is, is a fool's errand. Now his wife may indeed be crazy and wildly unreasonable, in which case, yes the court will likely see some of his side. That depends on the judge, how he or she has ruled in previous divorce cases and what laws are in place. He must get a lawyer though, no ifs, ands or buts. The lawyer can help him get a more favorable judge assigned to his case, help him make his soon to be ex look mad and unreasonable in expectations of getting the best deal and also be able to negotiate through the legal system. The family court system in the US is not set up as easy to negotiate through for a lay person. A sharp lawyer will know the laws in and out, will know how to work the judges and will be straight up in telling you what you can and cannot win. What your brother needs to do is interview a few lawyers, find one who can try a case, not just negotiate a settlement, very important, hugely important. After he finds one, then he needs to become a legal scholar and research all of the statutes that will pertain to his case and bounce ideas off of his lawyer so they can together come up with a winning strategy.
His current strategy of hoping the court will take mercy on him and self- representation is a loser strategy and he will end up with a terrible result. His acting reasonably so far will help him, no doubt but not as much as he would like to believe. Acting reasonably up front but then behind the scenes plotting and planning to put her through the ringer is what he needs to do. I showed no mercy on my ex wife. I stayed living with her in my house for nearly all of my divorce of 2 years duration. When she told me she was serving me with divorce papers, I defiantly told her that I would not be moving out. It was my house as much hers so her lawyer couldn't do a damn thing to get me out. I knew the law and my lawyer cosigned my decision to remain in my house. I have close to 50% time with my kids, a payment that while is a lot, is about where I hoped to end up and I got to keep my business. Only by being ruthless and cold blooded did I get a good deal. And having a sharp lawyer.
In fact, if there is no legally binding agreement with your brother and his wife currently, he could most likely move back into his house and she wouldn't be able to do a whole lot about it. Again though he needs a lawyer. Yesterday. Hopefully Merenguero who does divorce law will see this thread and comment.