WA Divorce and Spouse Visa - What Effects Might It Have?

[Sunny 84]

Hi. I am an Australian citizen by choice. I got married in 2012 and my wife she came here in 2013 on partner / spouse visa. All is going well between me and her for first couple of months and after that she start arguing on everything, even though I spend every single penny whatever I earn on her, never ask for any sort of help. Things got out of hand when I heard her talking to her mom that "once I will get my permanent status here I will kick him out".

After hearing that I refused to sign on her permanent residence paper, things got more worse....I paid for all her studies and now she is working full time, now she don't need me for any sort of help....that result in her lodging a complaint against me that I forcefully let her out of the house and more false allegations and she lodged a MRT....now I am really curious to know:

1. Can I file my divorce here, or do I have to go back where I got married?
2. What are her chances to be successful in her case?
3. Are all these false allegations going to affect me in any way?
4. Is she allowed to work full time while she filed her MRT?
5. Can I lodge a complaint against her regarding she used me financially and emotionally?

 

[Sophea]

Hi Sunny84,
I will try to provide some information on a few of your questions:

Can i file my divorce here or do I have to go back where i got married?

You can apply for a divorce in Australia if either you or your wife:

• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

However in order to file for divorce you have to show the court that you have been separated for at least 12 months and there is no reasonable likelihood you will reconcile.

What are her chances to be successful in her case?

The Migration Regulations 1994 allow someone who is applying for a visa to proceed with their application despite a breakdown of their marriage if they,have suffered family violence committed by their spouse.

Such a claim of violence can be accepted on the basis court orders regarding domestic violence, or alternatively on the basis of other evidence such as statutory declarations, police records etc. Sometimes the tribunal will invite the applicant to give evidence of the alleged violence at a hearing, and if it is still not satisfied it may retain an expert psychologist to interview the applicant and form a view as to whether or not the applicant has suffered violence or not. Without an understanding of your circumstances I am unable to comment on her prospects of success in such an application. Further information can be found here: Fact Sheet 38 - Family Violence Provisions

Are all these false allegations going to affect me in any way?

I think if you were found guilty of perpetrating family violence - you would just need to face any criminal sanctions imposed for violence etc that were criminal and/or any civil sanctions obtained by her in the family court such as restraining/intervention orders etc. Since you are already an Australian citizen I do not believe it would affect your status in this country.

Is she allowed to work full time while she filed her MRT?

Not sure on this one but I assume she would be able to work to the extent she did on her previous visa until the matter is resolved.

Can I lodge a complaint against her regarding she used me financially and emotionally?

There is no law that provides for emotional "damage" in this type of situation. With respect to financial matters, you will need to come to some sort of property settlement upon divorce. If you cannot decide on a property settlement between yourselves, the court can decide it. Perhaps in that case, you can put your case before the court and see if you can be reimbursed for her school fees etc. However there are no guarantees, the court will determine the fair and equitable thing to do in the circumstances on a case by case basis.