NSW Husband Working Overseas Wants a Second Marriage?

[Zenya]

I have one son who is 11 years old. We are Muslims. I live in Sydney with a Permanent Residency visa. My husband is working overseas in Dubai, but now my husband wants a second marriage because he thinks I cannot fulfill his expectations.

After the second marriage, he wants his wife to live in the same house. This thing not acceptable for me. I read an article in this website that it is not allowed to have a second marriage here in Australia.

I don't know what to do.

 

[sammy01]

Hello. Firstly, let me tell you that I know nothing about Islam. I want you to know that I write with no intention to offend and I am respectful of your religion... So what does your religion say about polygamy?

In Australian law polygamy is illegal. My understanding is the second marriage will not be recognised. However, I am not sure what steps you can do to ensure the second woman does not enter Australia or live in your house. Sorry I could not be more specific.

 

[Tim W]

The law of marriage in Australia (which is non-religious)
does not allow for polygamous marriage (that is, more than one legal spouse at a time).

Put simply, regardless of what the doctrine of any religion says (not limited to Islam),
as a matter of law in Australia, only the first marriage "counts".

So if you are, and remain, married to him under Australian law,
then you are the legal wife.
It is not relevant that you are not currently living with him.*

As a matter of law, a religious doctrine (of any faith) that allows for second and later wives
has no effect in Australia - they cannot at law be a "wife" in the way that you are.
Whatever the law in the country where he is, and regardless of religious doctrine,
so long as he is married to you, then so far as the law in Australia is concerned,
he cannot be in a valid marriage** with anyone else.

No matter what they say, religious officials (such as, but not only, imams)
do not have any authority to vary the law of Australia.

Likewise, religious doctrine is irrelevant to the law about how a marriage ends,
or what happens when it does (such as what happens to children and property).
In terms of Islam and the law in Australia, "talaq" (even "triple talaq") has no legal effect.