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VIC Has Our Gay Marriage Been Voided in Australia?

Discussion in 'Family Law Forum' started by Leon Botha, 11 October 2016.

  1. Leon Botha

    Leon Botha Member

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    Hi.

    I moved to Australia 6 years ago and now hold an Australian passport only. I gave up my South African one. I moved with my partner. We married in South Africa.

    We split up 5 years ago and I haven't seen him for a long time. He lives in London. I am trying to find out if we are actually still married as Australia doesn't recognize gay marriage and we both gave up our South African passports.

    I do not want to be connected to him so I need to find out if our marriage was voided when we immigrated and if not how do I do it?
     
  2. Sweeney Todd

    Sweeney Todd Well-Known Member

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    I'm no expert, but it stands to reason that because your marriage is not recognised under Australian law, you would need to pursue proceedings in a country that does. As far as Australian law is concerned, you and your ex would considered de factos, not spouses.

    I would say that you are still legally married in the eyes of the law of those countries that recognise same sex marriages. Try contacting the South African consulate in Australia.
     
  3. Victoria S

    Victoria S Well-Known Member

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    I agree with the above, if you still have any assets in other countries your ex may have grounds to make claims on your estate when you die or something - depending on the laws in those other countries. And if Australia does recognise gay marriage one day then I expect this will act retrospectively to make yours valid.
     

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