NSW Family Law on Second Marriages?

[marriage2]

What is the Australian family law for an Australian Muslim if he wants to marry a second time because his current wife is unable to conceive due to medical problems?

 

[Michael T]

It is illegal in Australia to marry more than one person at the same time. The only avenue to marry another person is to first divorce under Australian and then to marry after you have divorced. The Family Court sets out a lot of helpful information about divorce and family law. See: Separation & Divorce - Family Court of Australia

Islamic law does not apply in Australia. You must obey Australian laws. If you don't obey Australian laws, you will find yourself in trouble.

 

[marriage2]

Then, what is the solution for an Australian Muslim who wants children and also does not want to leave his wife only due to her infertility? And wife also does not want to leave her husband (only because she is infertile), but, she allows her husband for a second marriage (because she is infertile).

 

[AllForHer]

Forget second marriage in this country. It won't happen.

Consider IVF, surrogate parents, adoption.

 

[Tim W]

1. The law of marriage in Australia is non-religious.
   
   
2. The law in Australia does the law allow for polygamous marriage (that is, more than one legal spouse at a time).
   
   
3. As a matter of law, religious doctrine (of any faith) that allows for second and later wives
   while still married to the first one has no effect in Australia.
   Although it is perfectly possible to legally marry in Australia using Islamic doctrine
   (just as a legal marriage can be entered into using the doctrine of any other faith),
   as a matter of law in Australia, only one marriage at a time "counts".
   
   
4. There are no religious exceptions to the above.
   In Australia, religious officials (priests, rabbis, imams, etc) do not have any powers to grant divorce.
   Religious divorce (such as a Roman annulment, or, say, talaq) has no legal effect in itself.
   Which, in Islamic terms, means that talaq (even so-called "triple talaq") has no legal effect.
   
   
5. Infertility itself is not a ground for divorce in Australia.
   There is only one ground for divorce - read about it here.

 

[Tim W]

2. The law in Australia does the law allow for polygamous marriage (that is, more than one legal spouse at a time).

Please excuse the fat-fingered typo in the above.

Item 2 should read:

2. The law in Australia does not allow for polygamous marriage (that is, more than one legal spouse at a time).

 

[Sammmy]

Hi,

I have been married to Australian girl from 2007 and we are separated from FEB 2016. 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?

Please help me out...

Thanks.

 

[Srikanth]

Hi,

I have been married to Australian girl from 2007 and we are separated from FEB 2016. 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?

Please help me out...

Thanks.

How did you go Jammy?