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Remarry Without Getting Divorce?

Discussion in 'Family Law Forum' started by Razz, 17 June 2015.

  1. Razz

    Razz Active Member

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    I am from India and married to Australian Citizen. Australian citizen person can remarry in australia without getting a divorce to the Indian citizen? Is it legal under Australian law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    No, it's illegal to marry in Australia if already validly married, even if in another country.
     
  3. Razz

    Razz Active Member

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    Thnx for reply.
    How do I trace my husband's ID because I have no ID of his citizenship? I have proof of the Indian Marriage certificate. Will the evidence works?
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Razz,

    Are you trying to physically track down your husband? Do you need his ID for your own visa/residence?
     
  5. Razz

    Razz Active Member

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  6. Sarah J

    Sarah J Well-Known Member

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    Hi Razz,

    What do you require the ID for? If it's to prove that you and your husband are married, then you may not require it. Have you had your marriage certificate recognised in Australia? If not, you will need to speak with Birth, Deaths and Marriages in your state or the Attorney-General's office.

    A marriage overseas will be recognised in Australia if:
    • It is a valid marriage in India; and
    • The marriage would have been valid in Australia if it had taken place in Australia instead of India (i.e. certified by the necessary authorities and complies with basic Australian principles, e.g. your marriage will not be recognised in Australia if you are already married).
    You do not need a separate certification from Australia to say that your marriage is recognised. Your Indian marriage certificate is evidence enough for the presumption of a valid and continuing marriage.

    What makes you suspect your husband is looking to marry another person? It is highly unlikely your husband will be allowed to remarry given it is illegal to be simultaneously married to more than one person in Australia and marriage in Australia will require your husband to declare and prove that he has divorced you or had never been married.
     
  7. Razz

    Razz Active Member

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    Thnx for your valuable information. Our marriage is registered and i have the marriage certificate as well. I have proof of our marriage. But actually I never want to divorce him. He compels me. He did so much to disturb me so that I agree with him and go for divorce. I know law can't compel anyone to live together but I can't proceed with divorce. But he never wished to come back India. So ultimately I have no option other than divorce. Any solution for this?
     
  8. Sarah J

    Sarah J Well-Known Member

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    Hi Razz,

    The law cannot compel anyone to remain in a marriage they do not wish to continue. It sounds like you want your husband to return to India but he wishes to remain in Australia. Is this correct? Is this a marriage-breaker for you (or him)? Is your husband happy to continue the marriage if he remains in Australia and you return to India (or remain in India with him)?

    It sounds like a domestic issue and what you really need is to sit down and properly chat with your husband about this. If he is unwilling to do this, then there really is no way to force him to. Which state are you located in? Perhaps you could ask your husband to go to family mediation or marriage counselling. It sounds like the two of you need to communicate with one another. It's not really a legal matter but a relationship matter.

    Having said that, your husband does not need your consent to start divorce proceedings. He can make a sole application (making you the respondent). He will need to show that "the marriage has broken down irreparably". This means, he needs to prove:
    • You and him have been living "separately and apart" for at least 12 months (this could be living under the same roof but in a separated arrangement); and
    • There is no reasonable likelihood that you and your husband will rekindle the relationship.
    You can challenge the application on the above two grounds (i.e. arguing that you have not been living separately and apart for at least 12 months). However, you cannot dispute his divorce application purely on the ground you wish to remain married to him.

    Hope this helps, Razz.
     
  9. Razz

    Razz Active Member

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    Thnx for this reply.
    Actually it's totally based on his family means, parents and sisters. It was a domestic issue but now it had turned into legal issue. First his parents compel him to live seprate but when we
     
  10. Razz

    Razz Active Member

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    But as the problems started between both of us his parents leave everything on us and acted as innocent. He protected his parents now but all of this happened due to his family. His parents showed too much possessiveness toward him and wants me to live far away. Due to this now we are separated. In this case, can the law can punish his family? Or if in case our case proceeds for divorce can the law order to live under one roof and think again on this matter for sometime?
     

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