NSW Divorce of overseas married couple on Student Visa in Australia

Discussion in 'Immigration Law Forum' started by Anu12, 1 November 2018.

  1. Anu12

    Anu12 Member

    1 November 2018
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    I am in Australia on Student Visa undergoing my Post graduate study for more than a year now. Just after my marriage, I moved from India to Australia along with my husband for financial support.
    Our relation was good initially but there has been a drastic change in his behavior and character. I have been subjected to domestic violence and verbal abuse by him and his immediate family during this whole period and it's intensity and occurrence has increased now. I am suffering from depression and migraine due to family stress and sometimes denied medical attention as well.

    I have been hiding it from my parents till now as divorce is considered taboo in India but now I want to go ahead with Divorce because I can't suffer this much.
    I wanted to know that -

    1. What effect this divorce could have on my Student Visa ?
    2. What effect would it have it on my Husband's Visa status ?
    3. As all our savings are with my Husband, how much expenses would I have to bear for all the court proceedings ?
    4. Can I ask for financial help from government as loan to complete my studies ?

    I would really appreciate if someone could guide me through this tough time.
    I truly believe in Australian values and culture and want to settle here after my studies.

    Thank you.
  2. Adam1user

    Adam1user Well-Known Member

    5 January 2018
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    I am not a lawyer and I have limited knowledge, I will answer based on my understanding but my important and key advice is to talk to a lawyer as your case needs professional advice.

    1- Your student visa will not be affected as it is for studying and not a marriage visa, the divorce will not affect it,
    2- You did not mention what type of your husbands visa is, if student, same answer as 1 above. no effect.
    3- Depending on where you were married, if in Australia, Australian laws will prevail and you may get a share of the wealth.
    4- I am not aware of such loans to overseas students, the best way is to contact your university and see they will be able to advice you better, each university has its laws, regulation and scholarships or assistance programs, so you may qualify for something they provide.

    These are from my understanding and limited knowledge, so contact a lawyer or see the university advisors, this way, you will be directed to better approach.
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