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NSW Family Law on Second Marriages?

Discussion in 'Family Law Forum' started by marriage2, 7 May 2016.

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  1. marriage2

    marriage2 Member

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    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?
     
  2. Michael T

    Michael T Well-Known Member

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    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.
     
  3. marriage2

    marriage2 Member

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    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).
     
  4. AllForHer

    AllForHer Well-Known Member

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

    Consider IVF, surrogate parents, adoption.
     
  5. Tim W

    Tim W Lawyer

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    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.
     
  6. Tim W

    Tim W Lawyer

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    Please excuse the fat-fingered typo in the above.

    Item 2 should read:
     

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