NSW Is My Second Marriage Valid Under Australian Family Law?

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Afghan Aussie

Member
4 April 2017
2
0
1
Hi,

I married my second wife in Afghanistan in 2015 before my divorce was completed in Australia in Jan 2017. I wish to apply for my second wife on a partner visa. Will our marriage be valid under Australian family law seeing as I was married before I had been divorced?

My first marriage was in Pakistan and my first wife never came to Australia.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Hi I married my second wife in Afghanistan in 2015 before my divorce was completed in Australia in Jan 2017. I wish to apply for my second wife on a partner visa. Will our marriage be valid under Australian law seeing as i was married before I had been divorced. My first marriage was in Pakistan and my first wife never came to Australia.
No.
 
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Sammmy

Well-Known Member
2 July 2018
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Hi,

I have been married to Australian girl from 2007 and we are separated from FEB 2016. In between we talked about divorce and she said she will do it as I was not aware with procedure here. As we are not in touch Thinking she already did it so I went overseas this year and got married to second wife march this year.

Now after I got back I was planning to launch file for her as partner visa. But I find out first wife didn’t go ahead with divorce procedure. Now I have applied for divorce and hearing is in September. Now what can happen if I want to call my second wife over here? What visa I should apply with? Some people told my second marriage is not legal so in that case can I marry her again after my divorce? But me and my second wife legally married and got marriage certificate too. She got my name as spouse on back page of her passport too. At front page she got her Father name still...

She is from India. Please help me out...

Can you please let me know what the chances of her to get partner visa are? Can we marry again here in Australia? What visa type can we apply?

Please help me out...

Thanks.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
Please help me out...
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