Erin Patterson: What Simon Patterson needs to do if he wants to divorce his mushroom murderer wife in jail
Simon Patterson lost three of his family members in Erin Patterson’s death cap mushroom plot, and after she is sentenced different rules will apply to the divorce process.
Patterson, 50, was found guilty of murdering Mr Patterson’s parents, Gail and Don Patterson, and his aunt Heather Wilkinson. She was also found guilty of the attempted murder of his uncle Ian Wilkinson.
The pair got married in 2007 three years after they first met while working at Monash Council.
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By continuing you agree to our Terms and Privacy Policy.Patterson, whose maiden name is Scutter, was working in animal management for RSPCA, and Mr Patterson was a council engineer.
They went through many temporary separations before they permanently separated in 2015, but are still legally married.
The only requirement to divorce someone in Victoria is the “irretrievable breakdown” of the marriage.
This is proven when both spouses have been separated for at least 12 months and have no likelihood of getting back together.
The other partner does not have to agree to the separation, but they do need to believe the marriage is over.
Applying for a divorce is commonly done without a lawyer, and Mr Patterson can file for divorce as a sole applicant.
If Mr Patterson applies for the divorce on his own, he must arrange to have the divorce application “served” to the mass murderer.
In this case there are special requirements as Patterson is in prison.
Mr Patterson must serve the document on the person in charge of the prison by post.
The document must be sent in a stamped self-addressed envelope with a cover letter that requests the person in charge to sign the acknowledgement of service.
Mr Patterson would also need to complete an affidavit certifying his compliance with the special service rules that are in place for divorcing when one party is in jail.
Patterson is yet to be sentenced, but experts predict she will be sentenced to at least three life sentences to be served concurrently. She is currently being held at the Dame Phyllis Frost Centre in Ravenhall, Victoria.
It is a maximum security prison, and given Patterson profile, she is likely to stay in prison until the end of her sentence, until she is granted bail - if that occurs - or if she successfully appeals her case.
