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VIC Divorce and Visa - Husband Took My Passport - What to Do?

Discussion in 'Family Law Forum' started by Iqra, 1 May 2016.

  1. Iqra

    Iqra Member

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    I am in Pakistan and am married 1 year and 7 months. I was in Australia on a spouse visa.I lived there for five months. Now I am pregnant. My husband cheated on me. He told me we are going to Pakistan for 2 weeks to meet our relatives and then he went back Australia without informing me. He has all my documents and snatched my passport. He gave me a divorce and canceled my visa from Australia.

    According to the Pakistani law and according to Islamic law, divorce is not accepted in pregnancy. I want to go back to Australia. According to the Australian law, is this divorce accepted or no and what are my rights? What should I do now?

    Please help me! I need help to get back my passport and visa.

    He got all my medical and education documents ( Marriage Certificate, Birth Certificate). He should be punished for keeping my passport. It’s a crime. He is responsible for my child and has to be equally in charge for our child.
     
    Rajni rani likes this.
  2. Sophea

    Sophea Well-Known Member

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    Hi Iqra,

    Australia will usually recognise a divorce that is valid in another country. What type of divorce papers has he served you with? Is it an application for a divorce in Australia?

    If he wants to get divorced in Australia he will need to show that either one of you are an Australian citizen, regard Australia as their home and intend to live here indefinitely or ordinarily live in Australia and have done so for 12 months immediately before to applying for divorce. It is also a requirement that you be separated for at least 12 months before applying for divorce to show that your marriage has broken down and there is no reasonable likelihood that you will get back together.

    Was it your Pakistani passport that your husband took? If so, I would contact your government and advise that your passport has been stolen so that it can be cancelled and you can obtain a replacement one. If he has cancelled your spouse visa, however, you will need to find another way of staying in Australia beyond a tourist visa, such as by applying for a work or study visa of your own.
     
  3. Iqra

    Iqra Member

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    He sent me a copy of the divorce certificate which he signed in Pakistan. He did not mention there that I am pregnant. According to Pakistani Law and Islamic Law, Divorce is not accepted in pregnancy. I have complained to the embassy to stop my visa cancellation. My passport was Pakistani but now I need to get a new passport.
     

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