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Travel to Australia with Second Wife Under Family Law?

Discussion in 'Family Law Forum' started by Atif, 6 August 2016.

  1. Atif

    Atif Member

    6 August 2016
    Likes Received:
    I'm already married in home country with 2 kids. Now I'm in a relationship with an Australian woman in UAE and I want to marry her too. She knows about my 1st marriage and I'm Muslim so I'm allowed to marry another woman in my religion. Can I marry her and can I travel to Australia as her spouse under family law? Will my 1st wife stay in my home country?
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:

    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).
    Your faith is irrelevant to the law about marriage in Australia.

    As a matter of law in Australia, only one marriage at a time "counts",
    no matter what the teaching of your faith says.

    As a matter of law, religious doctrine (of any faith) that allows for second and later wives
    has no effect in Australia - the second person cannot be a "wife".

    Whatever the law is in the country where you are now, and regardless of religious doctrine,
    so long as you are married to one person, then so far as the law in Australia is concerned,
    you cannot be in a valid marriage with anyone else.

    Note also that even validly marrying an Australian citizen does not create
    an automatic right to live in Australia.

    One further thing - If you lie about your marital status to get to Australia,
    then you can be arrested and deported.
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    SamanthaJay likes this.

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