VIC Divorce - Can I Bring New Wife to Australia?

Discussion in 'Immigration Law Forum' started by Hussy, 7 June 2018.

  1. Hussy

    Hussy Member

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    Hi,

    I am an Australian citizen. I married in Australia in 2011. I had a separation from my spouse in 2016. During the separation, I went back to Iran and married again. I came back to Australia in 2017 and applied for divorce, which I got in May 2018. Now I want to bring my wife from Iran to Australia. Is there a possibility I can do it?

    Please share your expert opinion.
     
  2. Tim W

    Tim W Lawyer
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    Going only by what you have said here, missing facts missing,
    and with all unspoken ifs, buts, maybes, excepts, and unlesses not allowed for,
    I suspect that your second marriage (the one in Iran) is not registerable in Australia,
    because you were still married to your first wife when you married the second.
    At law in Australia, you can only have one wife at a time.
    In which case, a spouse visa may not be in play.
     
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  3. Clancy

    Clancy Well-Known Member

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    I Googled it, by law in Iran you are allowed up to 4 wives! But only with the permission of the first wife. Did you have her permission? I bet not, therefore you broke the law in Iran and Australia.

    Now I suppose you will have to go back to Iran, divorce your second wife, then marry her again, if it is possible to do that in Iran?
     
  4. Hussy

    Hussy Member

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    So this time do I have to get permission of first wife before marrying the second wife again? Or do I have to divorce my first wife and remarry the second again?
     
  5. Clancy

    Clancy Well-Known Member

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    You said you already divorced the first wife.

    Your second marriage cannot be valid in Australia because you were still married to your first wife at the time you married your second wife. So if you want to bring your second wife to Australia, you would first have to divorce her then remarry her, so that the marriage will now be valid in Australia.

    Whether or not you can easily divorce and remarry the same person in Iran, I do not know?
     
  6. Sammmy

    Sammmy Well-Known Member

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    Hey, I got same issue. If I married my second wife in India and if that one is not legal now, can I apply for my second wife on prospective marriage visa and plan to marry her here in Australia?

    Would that be legal and count as legal marriage here in Australia and can go ahead with Partner visa file in future? Of course after I divorce my first wife - its in process at the moment. Please let me know.

    Thanks.
     
  7. Clancy

    Clancy Well-Known Member

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    Are you asking would it be legal? No its not, or are you asking would your fraudulent application succeed as passing as legal? I don't know?

    Same opinion I gave to other guy - you would have to divorce your second wife in India and re-marry her 'after' the first wife divorce was finalized in Australia.

    Why is it so complicated to understand it is not legal to be married to two women at the same time in Australia?
     
  8. Sammmy

    Sammmy Well-Known Member

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    Thanks for your reply...

    But if my second marriage won't count as legal, then what's the point of getting divorce and get married again?

    Thanks for your help here but I'm just trying to get possible help please...
     
  9. Clancy

    Clancy Well-Known Member

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    You have to establish that your Indian wife is really your wife, and in so doing the Australian authorities will see the date you got married and observe you were still married in Australia at that time. Therefore Australian authorities will not let you bring your Indian wife to Australia. Therefore the point of getting a divorce and getting married again to your second wife in India is so you can establish a legitimate marriage date *after* your Australian marriage was terminated and then be allowed to bring your second wife to Australia.
     
  10. Sammmy

    Sammmy Well-Known Member

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    So anyhow I have to divorce my second wife before remarrying her? But how can I divorce her when the marriage doesn't count as legal since I was still married to my first wife. And if that's the case, can't I just marry her again without divorce?
     
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