VIC Help with Getting a Marriage Annulment?

Discussion in 'Family Law Forum' started by NateAussie, 14 October 2018 at 2:18 PM.

  1. NateAussie

    NateAussie Active Member

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    Hi everyone,

    Just need a bit of help on marriage annulment.

    I married a woman from overseas after 2 years of dating. Once we were married and I got the partner visa... she cheated on me after 6 months and we are separated.

    I have subsequently found out she changed her name in the past, and I did not know this.

    What are my chances of getting marriage annulment on the basis this was probably a trick to receive the visa and I was not totally aware who the person was? The marriage was not even 1 year old when she cheated.

    Are they usually pretty strict with this?

    Any lawyers in Melbourne looking to take this on let me know.

    Thanks,
     
  2. Tim W

    Tim W Lawyer
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    Doesn't sound like grounds for annulment.
    In any event, you may get a divorce with much less trouble.

    The question of a fraudulently obtained visa is separate to the question of marriage.
    For that, you need formal, case specific legal advice.
     
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  3. NateAussie

    NateAussie Active Member

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    Thanks Tim.

    Sounds like not much hope there then.

    The problem is I have to wait 12 months before a divorce can occur. Bit of a painful wait :)
     
  4. Rod

    Rod Well-Known Member
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    Did you marry in Australia?

    Is the new name she used on the marriage certificate a legal name? or just one she made up?

    What identity did she give to the celebrant to prove identity, place and date of birth?

    If you can prove you were tricked into marriage you have a chance of annulment. But the hurdle to jump here is quite high. You need real evidence of the trickery. Someone cheating after only 6 months is not likely to be sufficient.

    Keep in mind some overseas names do not have a direct translation into English, especially when they do not use the Roman alphabet.
     
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    #4 Rod, 15 October 2018 at 9:55 AM
    Last edited: 15 October 2018 at 10:03 AM
  5. NateAussie

    NateAussie Active Member

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    Hi yes married here in Australia.

    She used the new name on the certificate. She had it changed overseas so presume its legal. I didn't find out until later.

    She used the passport with the celebrant.

    Yes, you are right it's quite hard, isn't it? I know it happens but if someone cheats after a short time, it should be automatic annulment :) wishful thinking.

    How about a typo on the wedding on the certificate from Births, Deaths, Marriages?
     
  6. Rod

    Rod Well-Known Member
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    Unlikely. The law is not as pedantic as it used to be.

    Using the passport is probably indicative of her identity and you likely have a valid marriage.

    While it may not seem like it atm, you should probably count yourself as lucky if you have assets. It would have been worse in 5 years time when she would have had a realistic chance of grabbing some of your assets.
     
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  7. NateAussie

    NateAussie Active Member

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    Thanks for your help Rod much appreciated.

    Yes, you are right I got lucky in a sense. Just to clarify you think because it's less than a year of marriage. It would be hard to claim anything like half of super or monetary support?
     
  8. Rod

    Rod Well-Known Member
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    Correct.

    The one complication you have is that she moved countries to marry you, and possibly gave up employment to do so. I don't know how that will impact on support.
     
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  9. NateAussie

    NateAussie Active Member

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    Luckily no, she was already in Melbourne studying when I met her. So moved by her own choice.
     
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