VIC Marry Second Wife Overseas After Divorce in Australia?

[Santhanakumari]

Hi...

My friend is a Malaysian staying in Aussie under bridging visa and her loved one is a Sri Lankan (has been staying here for 5 years,in the process of getting a Permanent Residency).

I would like to ask if they get married in Australia, can the boy marry a second wife in India in the future?

My friend will allow him a second wife as he loves another girl in India. As long he can be fair with them, she doesn't mind.

As per Indian law, as long first wife allows him a second wife, he can proceed. How about Australia's law? Do they need to divorce so that he can marry the second wife and bring her here through partner visa? How long is the divoice process?

If my friend's visa has expired, she needs to go back to Malaysia and can she come back again with her husbnd on a sponsor visa?

My friend doesn't even mind if she has a divorcee status as long the husband is willing to take care of her and live as a husband with both of the wives.

 

[Tim W]

The law of marriage in Australia only allows for one wife at a time.

 

[Santhanakumari]

Thanks for the reply, sir.

How long will it take to get a divorce after marriage?

 

[pri9510]

Sorry but this all sounds too fishy!!! Your friends are not even married yet and you got questions about divorce. Are you guys kidding?

 

[pri9510]

Thanks for the reply, sir.

How long will it take to get a divorce after marriage?

Sorry but this all sounds too fishy!!! Your friends are not even married yet and you got questions about divorce. Are you guys kidding?

 

[Tim W]

Thanks for the reply, sir.

How long will it take to get a divorce after marriage?

Divorce is only granted after the irretrievable breakdown of a marriage.
The only evidence of the irretrievable breakdown of a marriage is twelve months of genuine separation.
In the law of marriage in Australia, your religion is irrelevant, and religious officials do not get to vary the requirements.

 

[MartyK]

Divorce is only granted after the irretrievable breakdown of a marriage.
The only evidence of the irretrievable breakdown of a marriage is twelve months of genuine separation.
In the law of marriage in Australia, your religion is irrelevant, and religious officials do not get to vary the requirements.

Spot on! While certain countries are governed by 'religious courts/religious laws', this is not the case in Australia.

However, if he were to marry a second wife, if this was done in India, this would be recognised as a marriage under the Family Law Act 1975, at least in terms of divorce and property settlement et al. FAMILY LAW ACT 1975 - SECT 6 Polygamous marriages

 

[Blessing]

I would like to ask if they get married in Australia, can the boy marry a second wife in India in the future?
NO, not legally anyway, once married to your friend he cant marry another woman


As per Indian law, as long first wife allows him a second wife, he can proceed. How about Australia's law?
As above, in Australia you marry one another at the exclusion of all others regardless of your religion.

Do they need to divorce so that he can marry the second wife and bring her here through partner visa?
yes

How long is the divorce process?
they will need to be separated for 12 months, genuinely and if the marriage was under 2 years the court will require they attend an appointment with a counsellor

If my friend's visa has expired, she needs to go back to Malaysia and can she come back again with her husbnd on a sponsor visa?
This 'boy' can only sponsor 1 partner at a time, so if he sponsors the girl in India he likely wont be able to sponsor your friend and vice versa. not to mention partner visas can take up to 2 years to process

 

[MartyK]

I would like to ask if they get married in Australia, can the boy marry a second wife in India in the future?
NO, not legally anyway, once married to your friend he cant marry another woman

As per Indian law, as long first wife allows him a second wife, he can proceed. How about Australia's law?
As above, in Australia you marry one another at the exclusion of all others regardless of your religion.

Do they need to divorce so that he can marry the second wife and bring her here through partner visa?
yes

How long is the divorce process?
they will need to be separated for 12 months, genuinely and if the marriage was under 2 years the court will require they attend an appointment with a counsellor

If my friend's visa has expired, she needs to go back to Malaysia and can she come back again with her husbnd on a sponsor visa?
This 'boy' can only sponsor 1 partner at a time, so if he sponsors the girl in India he likely wont be able to sponsor your friend and vice versa. not to mention partner visas can take up to 2 years to process

Agree with all above. As mentioned if your friend were in India, under Indian laws and married a second wife, then came here there are laws covering polygamy. Family Law Act (not sure if other legislation)

If your friend is living here and marries, then proceeds to go to India to marry a second wife, without divorcing the first, he would be committing the act of bigamy. Marriage Act 1961 and other legislation like Crimes Act (NSW)

 

[Sammmy]

Hi,

I have been married to Australian girl from 2007 and we are separated from FEB 2015. In between we talked about divorce and she said she will do it as I was not aware with procedure here. As we are not in touch Thinking she already did it so I went overseas this year and got married to second wife march this year.

Now after I got back I was planning to launch file for her as partner visa. But I find out first wife didn’t go ahead with divorce procedure. Now I have applied for divorce and hearing is in September. Now what can happen if I want to call my second wife over here? What visa I should apply with? Some people told my second marriage is not legal so in that case can I marry her again after my divorce? But me and my second wife legally married and got marriage certificate too. She got my name as spouse on back page of her passport too. At front page she got her Father name still...

She is from India. Please help me out...

Can you please let me know what the chances of her to get partner visa are? Can we marry again here in Australia? What visa type can we apply? If my Overseas second marriage counts illegal in Australia than can i make it legal by married to her again in Australia ?

Please help me out...

Thanks.