Spousal Maintenance - Request for Representation

Anne Agius (GELICRISIO)

Email: championschoose@gmail.com

Web (1): https://voicebohx.wix.com/anne

Linked-in: https://au.linkedin.com/in/anneagius

22nd August 2018

Ms Olivia Uzan

17 Bvd Montmartre

PARIS, 75001

Phone: 0890211713

Fax: 0142966278

Email: avocat@oliviauzan.com

RE: Spousal Maintenance Demand – 72FLA

Dear Olivia Uzan,

I am seeking legal representation for an international divorce case, which I wish to file against my husband with your organization; on the grounds of irreconcilable differences and in addition, request compensation for four years of homelessness because of his refusal to a spousal maintenance demand sent by my lawyer at the beginning of this ordeal – August 2014; which had he accepted liability, it would have effectively prevented four years of homelessness and breaches to my human rights and civil liberties.

SECTION A: 1 - HUMAN RIGHTS

The council of Europe’s European Committee of Social Rights has stated that Article 16 of the European Social Charter on the right of the family to social, legal and economic protection applies to all forms of Domestic Violence and that state parties are obligated to adopt measures to protect women from domestic violence, both in law and in practice; (a) Chapter 2, Article 6, right to liberty and security; (b) Chapter 2, Article 9, the right to marry and found a family; (c) Chapter 3, Article 20, Equality before the law; (e) Chapter 4, Article 33, family and professional life – the right to legal, economic and social protection..; in addition, States assume obligations and duties under international law to respect, to protect and to fulfil human rights.

SECTION B: 1 - NATIONALITY

My husband Mr Bradley Agius (of Maltese Identification Card Number, 541489M), has subjected me to family violence born of infidelity, which he confessed; he is of Maltese Origin and I, hold dual passport both Maltese and Australian, by way of entitlement (which I acquired before marriage).

SECTION B: 2 - DEFINITIONS OF 72FLA

The FLA of Malta require married couples to be living apart for at least four years before filing for divorce, from the date of ceasing co-habitation; which is complied with as of 22nd August 2018 (today). The same laws under section72FLA also require Spousal Maintenance to be paid to the person who is not able to financially support themselves, given the other person’s capacity to pay.

"Right of a Spouse to Maintenance - Section 72 FLA: 1 (1) A party to a marriage is liable to maintain the other party, to the extent that the first-mentioned party is reasonably able to do so, if, and only if, that other party is unable to support herself or himself adequately whether: a by reason of having the care and control of a child of the marriage who has not attained the age of 18 years; b by reason of age or physical or mental incapacity for appropriate gainful employment; or for any other adequate reason; (2) having regard to any relevant matter referred to in subsection 75(2).

Further Notes: After the process of separation the obligation to cohabit ceases; spouses are no longer expected to live together. However, after separation all other legal obligations (such as to remain faithful, maintain one another…) remain in force; Article 35 of the Civil Code…

“The aim is to balance the needs of the applicant against the respondent's ability to pay".

(Notation 1: The process of separation was never legalized…)

SECTION C: 1 - SPOUSAL MAINTENANCE DEMAND

After ceasing co-habitation, my legal representative sent my husband a demand for Spousal Maintenance under section 72FLA, amounting to 700eur per month to continue my rent and adequately fund bills and food and clothing, as I was unable to financially support myself. With regards to my husband’s capacity to pay, his estimated earnings with The Ministry of Social Solidarity averaged 20000eur’s per annum. He refused to take spousal responsibility and rejected the maintenance demand formally sent by my lawyer, knowing that my funds for legal representation and rent were running out, and that my entitlements would be compromised under legal aid funds.

SECTION D: 1 - EVICTION

On the 15th of September 2014, I was given a demand by my landlord to vacate the rental premises I was occupying because I could not prove an income to continue the rent; which I complied with on the promise that my bond (security deposit) would be returned to me in full, since I was not in arrears. After vacating the rental premises with nowhere to go, the landlord reneged on her initial agreement to pay me back the bond because my husband asked for it, despite the lease agreement signed in my name – she said that I had to get it from my husband and her instructions apparently came from the police.

SECTION E: 1 - BOND MONEY

The bond money would have been adequate to continue my legal representation to pursue a maintenance order via the family courts in Valletta, Malta (it's only a letter to the Judge…), which would have prevented four years of homelessness; and with an address, my chances of employment and a higher education would have been made possible.

SECTION F: 1 - THE MINISTRY OF SOCIAL SOLIDARITY

Two days after ceasing co-habitation, my husband was appointed with the Ministry of Social Solidarity in Malta, for the LEAP Project – a job he knew he was getting before the interview. Several complaints in writing of Domestic Violence to the Ministry of Social Solidarity mentioning my husband as the perpetrator went missing (sent approximately eight months prior to his employment with the said ministry); effectively qualifying him for The LEAP Project, despite a core requirement stipulated in the selection criteria, is a person of ‘good moral character’.

SECTION G: 1 - THE LAW OF POSSESSION

I was in possession of the keys to the motorbike registered in my husband’s name, which I was holding as insurance until the bond money was returned. The police released the motorbike to my husband, who changed the engine locks and sold it leaving me homeless. When I entered the St Julian’s Police Station to report theft of the motorbike, duty officers sent me away denying me a police report that was required to take immediate legal action against my husband; prolonging homelessness.

SECTION H: 1 - HOUSING AUTHORITY OF MALTA

The Ministry of Social Solidarity (MSS) in Malta governs the YMCA, The Housing Authority and all other related social services that homeless people depend on. Post my husband’s employment with the said ministry, I was rejected for housing and emergency services, despite producing police reports confirming homelessness and a letter from my lawyer confirming separation was in process via the correct channels (…however, no amicable agreement was ever made to legally separate – see section Q). The senior social worker from the Housing Authority during my initial request for emergency housing, denied my claims of domestic violence telling me, ‘that it’s all in my head’. My husband was newly employed by their governing body (MSS), and the Housing Authority did not want fault him – victim shaming instead. I was left outside with NO offer of housing/emergency shelters and no apology.

SECTION I: 1 - COMPROMISED REPRESENTATION

I went cold and hungry until the office of the justice minister of Malta, The Hon Owen Bonnici, FINALLY answered my weekly emails asking for their intervention with a Spousal Maintenance Order – to file to the courts on my behalf in accordance to the relevant act. Instead, a referral to Legal Aid was given. The Legal Aid Office, was only prepared to file for a Spousal Maintenance Order via the Family Courts for 250eur’s per month to close the case quickly; which is not adequate to cover my rent (350eur’s per month), food (350eur’s per month), bills (50eur’s per month) and clothing in accordance to the relevant act – Section 72FLA; which I was forced to decline because the funds were inadequate and did not comply with the relevant act.

SECTION J: 1 - 72FLA; LIABILITY

I pursued private lawyers in person, door to door, every day for an entire week before winter took full force, who all said that they would be willing to take on my case, but their representation would cost me a minimum of 80eur’s per hour, pre-pay (not on Legal Aid Funds). They also confirmed that 250eur’s per month does not comply with the relevant Family Law Act but if I agree, it would be granted, and I would be left homeless as the offer is inadequate to restore living standards for someone who has been stripped of family members because of Family Violence bestowed on me by my husband through no fault of my own – I was not the one having an affair.

SECTION K: 1 - SELF REPRESENTION

The only option left was to represent myself, after-all it was only a letter to the judge requesting Spousal Maintenance in accordance to the relevant act, which no one allowed me to file. I was informed by the Family Courts in Valletta upon approaching the front desk that only Lawyers can communicate with the Judge and that self-representation in Malta is forbidden. Despite the urgency, I was left outside. The justice minister had informed me via email communication that any lawyer can give me a letter of consent to represent myself, however, no one was willing to put their name on it; and the Legal Aid office opposed giving me consent in writing to represent myself.

SECTION L: 1 - REDUCTION OF LIVING STANDARDS

Without an address, access to showers, adequate sleep and the stigma of homelessness, the only jobs people were offering were illegal, paying below the minimum wage and no taxes, and without the security of work contracts; which I was NOT UNDER ANY CIRCUMSTANCES prepared to consider. The idea of employment from the position of homelessness, is to restore your living standards in a respectful manner that complies with the law (not to break the law), as to break the law would not only prove detrimental to my dual citizenship status but also damage my opportunities of a strong recovery. A good self-esteem is an integral part of rehabilitation from homelessness.

ESECTION M: 1 - COMPENSATION/SPOUSAL NEGLIGANCE

It’s been four years and I have not received a cent from my husband, nor have we ever reconciled; now I can apply for divorce and Spousal Maintenance to restore my living standards with adequate compensation that complies with (Chapter 16 and) Section72FLA of Malta.

In addition, I have been fully compliant with the marriage laws of Malta and the law in general without fail, tolerating poverty in the form of homelessness, and because of homelessness, I’ve endured pain and suffering; in addition, reduction of living standard, loss of employment opportunities and higher education to further myself, a stigma of drugs/alcohol and prostitution UNDESERVED; bullying through harassment and unprovoked street-side violence; loss of enjoyment of life by approximately 50%; physical injury through exhaustion and heavy luggage; hunger; inadequate clothing and no shelter, etc.… I’ve been a law-abiding citizen without fail, which has been witnessed by the Hon Stephen Mallia (who is now the new Assistant Police Commissioner of Valletta, Malta).

SECTION N: 1 - COMPLIANCE WITH THE LAW

Furthermore, I have not engaged in sexual relations with anyone what-so-ever for the entire life of the marriage to date, the only person that I have willingly slept with since leaving Australia, is my husband - Mr. Bradley Agius (of the above identification). Despite my professional fighting abilities, I opted to throw my husband out of our shared rental (which acted as the matrimonial home) instead of hit him back, as I was fully aware that I could do more damage with a single punch that would have been carefully targeted to immediately disable his violence; it was my intention to resolve problems by way of civil communication throughout the life of the marriage. I am not aggressive and certainly not guilty of crime, nor infidelity, nor family violence against my husband; and therefore, I am not in breach of the Maltese Marriage Act.

SECTION O: 1 - RELOCATING TO PARIS

Sine the execution style murder of the late Daphne Caruana-Galizia (August 2017), an investigative reporter dubbed the most fearless who was investigating the involvement of Police Corruption on a Federal Level (with regards to the illegal cross-reference of my files from Australia to Malta, on a closed case) that involved my husband, I’ve been saving every cent of donation money to book a flight to Paris, with the intention to start my life again free from this violence; and in November, I booked my flight to Paris (due to depart on 2ndof December, 2017); however, my living standards need to be restored.

SECTION P: 1 - COMPENSATIONS

Here in this formal request, which has not yet been answered, I am asking for a minimum of 2080eur per month for entire life of the marriage since ceasing co-habitation (48months), and university fees to study BA in Psychology here in Paris, France; and on top of that, any additional compensation that the judge may see fitting to a breach of my civil liberties and human rights, which could have ALL been prevented on payment of a the initial Spousal Maintenance Demand.

SECTION Q: 1 - MARITAL STATUS

Spousal separation was never legalized. The marriage to my husband Bradley Agius (of the above identification details), remained intact and legally binding throughout the life of the marriage - from 3/7/2013 (the marriage date), till 21/9/2018 (which is the date legal representation was sought while living in Paris, to apply for divorce). No amicable agreement was ever reached and not a cent in spousal maintenance was ever received, despite being homeless for four years because of his violence.

SECTION R: 1 - TESTIMENTS

Someone with my work credentials should not be homeless, even the Sisters of Charity in Malta said:

(A)"YOU ARE NOT HOMELESS, YOU'VE JUST GOT NO MONEY; HOMELESS PEOPLE ARE NOT EMPLOYABLE, ARE NOT ENGAGEABLE, DO NOT COMMUNICATE AFFECTIVELY AND CERTAINLY ARE NOT PRODUCTIVE IN PURSUING A CAMPAIGN RAISING AWARENESS OF ANY KIND ON BORROWED RESOURCES; THEY USUALLY HAVE DRUG AND ALCOHOL RELATED PROBLEMS BECUASE THEY HAVE GIVEN UP; YOU ARE NOT ONE OF THEM"

The priest from a Valletta church said:

(B)"YOUR HUSBAND PUT YOU ON THE STREETS BECUASE HE'S TRYING TO MAKE IT LOOK LIKE YOU HAVE A PROBLEM; BUT TIME REVEALS ALL, AND IT HAS SHOWN US A TRUE REPRESENTATION OF YOUR CHARACTER – SOMEONE WITH A STRONG SENCE OF JUSTICE WHO OPENED HER MOUTH ABOUT FAMILY VIOLENCE AND SAVED SOME BIRDS – THAT DOES NOT MAKE YOU THE ONE WITH THE PROBLEM”; he added, “IT JUST SHOWS HOW WELL YOU'VE COPED UNDER EXTRODINARY CIRCUMSTANCES, WHICH IS A SIGN OF HEALTHY MIND”.

Furthermore, a psychologist and lecturer from the Malta University who's observed me while on campus taking lecturers in Psychology, said:

(C)"YOU ARE INCREDIBLY PATIENT AND RESILLIANT, WHICH IS A SIGN OF INTELLIGENCE NOT A MENTAL HEALTH PROBLEM; NO ONE ELSE WOULD HAVE COPED OUTSIDE THE WAY THAT YOU DID IN THE FACE OF ADVERSITY; YOU ARE EXTRODINARY AND ADMIRED BY THOSE WHO SAY NOTHING, AND THERE ARE PLENTY OF PEOPLE KEEPING QUIET”.

(I personally couldn't agree more with all the above and in presenting this court ready document, I am asking to be granted Spousal Maintenance in accordance to the relevant act in a timely manner, within 28 days of the printed date, listed above)

SECTION S: 1 - DOMESTIC VIOLENCE DEFINED

Breaking the silence on domestic violence presupposes that we rethink and challenge the meaning of old structures, distinctions and ideas which have contributed to shielding domestic violence from public attention - the family as a sacred unit, the private, the public, power and gender. We can never let reference to traditions, culture or histories legitimize violence against women.

Abuse does not always show up as broken bones, cuts, scrapes. Abusers may minimize their behavior or blame the victim for provoking them; when things are going well it may be easier to deny the abuse.

Addressing and recognizing domestic violence is difficult and sensitive because of its consequences; breaking the silence on domestic violence may also dismantle the family as a unit.

Physical Violence (A)

Physical violence ranges from ‘just a slap in the face’ to sexual abuse all the way to manslaughter, attempted murder and murder. It includes any form of abuse, such as pushing, kicking, pulling hair, burning and wounding with weapons. This may cause injuries such as bruises, contusions, lacerations, teeth knocked out, fractures or cuts. Injuries due to the abuse are often found on the head, neck, throat, breast and lower abdominal regions women who are being abused by violent partners also during pregnancy, may result in complications or miscarriage.

Psychological Violence (B)

Isolation from friends, family and other supportive social networks; threats, bullying and intimidation; harassment, persecution, terror and stalking; insults, humiliation, defamation; economic violence, abuse of dependency situations; damage to property, cruelty to pets

Sexual Violence (C)

A term which encompasses a wide variety of abuses, including rape, sexual threats, exploitation, humiliation, assaults, molestation, domestic violence, incest, involuntary prostitution (sexual bartering), torture, and attempted rape. Sexual abuse manifests itself in acts or threats of physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. This includes, but not limited to: attempted or committed rape, any forced and non-consensual sexual act, as well as sexual behavior that the person on the receiving end finds humiliating and degrading.

The Cycle of Abuse (D)

Abuse often escalates in frequency and intensity. It also follows a cyclic pattern, which can be confusing for the women on the receiving end and which eventually erodes self-esteem and sense of personal power. The cycle begins with excuses, ends with abusive episodes, and is repetitive.

SECTION S: 2 - THE VOICEBOHX CAMPAIGN (EXECUTIVE SUMMARY)

The 'Bring It On' Campaign was established after ceasing co-habitation with my husband, to raise awareness for children and women in this country (Malta) who are experiencing Domestic Violence and what's worse, suffering in silence.

Violence against women and specifically gender based violence is an extensive Human Rights Abuse that we can no longer afford to overlook; 42,000 women across 28-member states of the European Union were asked about their experiences of physical, sexual and psychological violence, including incidence of intimate partner violence.

What emerges is a picture of extensive abuse that affects many women whoes lives but is systematically under reported to authorities (a) in fear of not being believed and (b) in fear of not finding the help after reporting incidents of abuse; there is still a lack of awareness. Only 14% of women reported their most serious incident of intimate partner violence to the police.

It is important to keep in mind that the vast majority of cases, violence is perpetrated by men on women. It is all about Power & Control . Perpetrators use a variety of forms of intimidation and manipulation to prevent the women affected from reporting, gaining support, prosecuting and seeking help; for example, the perpetrator might tell her that she is an unfit mother, that she is crazy, paranoid and that no-body will believe her, and should she choose to leave, she will lose everything.

In Malta alone, the figures over the past four years have doubled, which is indicative of the accepted levels of violence against women; more needs to be done to break the vicious cycle of abuse. Ending the violence and turning to safe housing is just the first step, rehabilitation is what’s needed for the on-going prevention of violence against women, as domestic violence is an addiction like any other but not recognized to be one.

As a community, we can have faith that criminalizing domestic violence and imposing punishments upon the offenders will encourage them to repent their wrong and therefore, deter and suppress future violations.

It is clear with the publication of these results, that the time is now ripe to address violence against women based on the evidence supplied by the EU Wide Survey carried over 28 countries and with support of this government, I hope to turn information online to people in action, because to violence against women Malta, let's Say NO MORE!

(https://voicebohx.wix.com/anne)

UNDER NO CIRCUMSTANCES CAN WE GIVE THE MESSAGE THAT VIOLENCE AGAINST WOMEN IS OK!

Thank you, for your time and I look forward to your reply.

Best Regards,

Anne Agius (Gelicrisio)

ID Card: 225213L

EXPENSE DESCRIPTION MONTHLY FEES YEARLY FEES 48 WEEKS …4YEARS NOTES and QUOTATIONS

RENT IN PARIS (INCL TAXES) 1000 12000 48000

BILLS & TRANSPORT 250 3000 12000

CLOTHING 250 3000 12000

GROCERIES 400 4800 19200

HEALTH/MEDICAL 180 2160 8640

UNIVERSITY FEES 39000

TOTALS 138,840.00

Disclaimer:

This document may be subject to spelling and punctuation error’s – all notification of changes that may be deemed necessary will be posted online via linked, Facebook and TrentEstaRehab website belonging to the author/sender of this article; complied on 22nd August, 2018 and presented to the lawyers offices for a new application on the above mentioned matters on 21st of September, 2018; the sole Author, Anne Agius (Gelicrisio) reserves the right the make the appropriate changes as she sees fit from time to time.