NSW Divorce from Overseas Marriage Before Marrying Again?

[dalia part]

My friend is overseas now for his wedding next week in his country and he has Australian citizenship and Lebanese citizenship. He wants me to check for him that if he still have separation with his wife in Australia but not divorce yet, now he will be in problem if he marries overseas because he still has a wife here? Also he want his new wife to come to stay with him in Australia for good. Can he apply for her to come or she will get refused because he still has a wife here?

Also if he gets married overseas and comes back to Australia to divorce his wife, will it be OK & can apply for his overseas wife to come to Australia or she will get refuse any way because he was have two wives at the same time? By the way, I did ask the Immigration here they said OK if she come for just visit,but if she come for immigration spouse visa, he have to divorce his wife in Australia before he apply for new wife to come.

So my friend wants to know before he get married, what will happened if he gets the new marriage before divorce.

 

[Michael T]

He will be committing an offence in Australia called 'bigamy'. Have a read of these previous LawAnswers threads that answer this legal question:

• Notice of Intended Marriage - Truth about Previous Marriage? | LawAnswers.com.au Legal Aid Forums
• 7 Months Separation - No Divorce - Can I Get Engaged? | LawAnswers.com.au Legal Aid Forums

 

[dalia part]

OK in his country in Lebanon he can marriage 4 women because he Muslim was no problem with that in Lebanon, also he will marriage by Lebanon ID nothing to do with Australian ID,so still will be in problem even he will not let new wife come to Australia? Also if Australia government know he marriage overseas by Lebanese ID still problem or nothing to do with Australia because he marriage by Lebanese ID and new wife will not come to Australia. By the way his religion allowed him to marriage 4 if he want not one.also he use his Lebanon law and Lebanon ID?

 

[Michael T]

If he is in Australia, he must abide by Australian law. Islamic law holds no sway in Australia against Australian law.
If he wants to live in Australia with a new wife, he and his Australian wife must get a divorce first.

 

[dalia part]

Thank you for your reply.OK if he will not bring his new wife to Australia, but by any way if the Australian government finds out his marriage in Lebanon, will he be committing an offense or will Australia not care because he married overseas with his Lebanese ID&new wife is not in Australia&will not come to Australia?
Thank you.

 

[scattley]

If you were an Australian citizen and married a second time with the intention to return to Australia - then you could be in trouble for bigamy. Even if you divorce your wife in Australia your other marriage cannot be recognised for immigration purposes as you were already married at the time - you may need to remarry your second wife (and this may mean divorce her and then remarry) for her to be sponsored by you for a visa.

 

[dalia part]

Ok, I told him he will come back to divorce first before he marries><
Thank you

 

[Tim W]

I'm late to this one, but...
Married in Australia & Husband Married Again Overseas? | LawAnswers.com.au

 

[dalia part]

Thank you sir. Last question, if he married in Lebanon by Lebanese ID before he get first wife in Australia divorced & someone told Australian embassy in Lebanon that this man married in Lebanon, so will there be a problem or not since he will not be bringing his second wife here? And also he will not bring her to Australia, we know 2 wife the same time bigamy in Australia, but out of Australia with no Australian ID and he will not apply for her to come to Australia, but someone like second wife told Australian embassy he married me, so what will happen? No problem because he not apply for her to come to Australia or will be problem?

 

[Tim W]

I don't know enough about the law in Lebanon that covers marriage to be able to answer that question.
The law in Australia will only recognise one wife at a time.