VIC Divorce - Can I Bring New Wife to Australia?

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Clancy

Well-Known Member
6 April 2016
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So anyhow i have to divorce my second wife before remarry her again ??? But how i can divorce her when marriage dont count legal as still married to first wife. And if thats the case cant i just marry her again without divorce

Well I don't know how the systems work in India, but you will need to prove that your second wife is your wife if you want to bring her to Australia. So you will need official Indian marriage documents for that. If the marriage on those documents is dated as taking place before your divorce to your first wife in Australia was finalised, then Australian immigration will not let you bring your second wife to Australia. You need Indian marriage documents showing the marriage took place 'after' the divorce for the first marriage in Australia was finalised.
 

Sammmy

Well-Known Member
2 July 2018
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That divorce in process and got hearing in September. After that if i can ask my second wife to come to australia on visitor visa or prospective marraige visa and get married to her here that should count as leagl marraige than in australia i guess. Isnt it ?
 

Clancy

Well-Known Member
6 April 2016
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That divorce in process and got hearing in September. After that if i can ask my second wife to come to australia on visitor visa or prospective marraige visa and get married to her here that should count as leagl marraige than in australia i guess. Isnt it ?

You mean not disclosing the Indian marriage? I mean, if your marriage in India was not officially registered with any government department, then I suppose it's fine? But if it was officially registered in India, then it would be illegal not to disclose that marriage in Australia. And then what, are you just going to hope Australian authorities don't find out?

I would not like to take that risk, and then live my life worrying if someone will come and tap me on the shoulder, "it's all over mate" or my heart skip a beat every time I received an official looking letter in the mail. No, not worth it.
 

Sammmy

Well-Known Member
2 July 2018
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You mean not disclosing the Indian marriage? I mean, if your marriage in India was not officially registered with any government department, then i suppose its fine? But if it was officially registered in India, then it would be illegal not to disclose that marriage in Australia. And then what, are you just going to hope Australian authorities dont find out? I would not like to take that risk, and then live my life worrying if someone will come and tap me on the shoulder, "its all over mate" or my heart skip a beat every time i received an official looking letter in the mail. No, not worth it.
Thanks for your replies. It means there is no other way out but to get divorced from second wife too.
 

Clancy

Well-Known Member
6 April 2016
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Thanks for ur replies.. means there is not any other way out than get divorce from second wife too.

Yes. But you did create the problem in the first place because you could not wait for the divorce to finalise before rushing off to marry someone else.

There is an old saying, rather comical, "patience is a virtue seldom found in women, and never in a man"
 

thatbloke

Well-Known Member
5 February 2018
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So anyhow i have to divorce my second wife before remarry her again ??? But how i can divorce her when marriage dont count legal as still married to first wife. And if thats the case cant i just marry her again without divorce
When you say not legal, do you mean it was not registered in the country it happened in? My wife is Thai in Thailand there are 2 types of marriages - the ones where people get married then go and register in at the local town hall. They are state recognised marriages and valid, then there are the marriages that happen but don't get registered, technically, and in they are not married as defined by the state.

I can see how some people who do not understand this come to the conclusion that all marriages are recognised and legally so but it is not the case . In Australia the ceremony and the legalities are entwined, in other countries they might well not be

If your marriage is not recognised under Australian law, you are not married and can sponsor someone else. If it is, you can't before divorcing the other wife. Simple.
 

Sammmy

Well-Known Member
2 July 2018
19
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When you say not legal do you mean it was not registered in the country it happened in? My wife is Thailand in Thailand there are 2 types of marriages, the ones where people get married THEN go and register in at the local town hall. They are state recognised marriages and valid then there are the marriages that happen but dont get registered, technically, and in they are not married as defined by the state.

I can see how some people who do not understand this come to the conclusion that all marriages are recognised and legally so but it is not the case . In Australia the ceremony and the legalities are entwined, in other countries they might well not be

If your marriage is NOT recognised under Australian law, you are not married and can sponsor someone else, if it is, you cant before divorcing the other wife.. simples

Our marriage in india with second wife was all legal and we got a marriage certificate for that marriage, plus my second wife got my name as does my spouse on her passport too. So I really don't know what to do?

Once my divorce thing clears out here, what will be the best way to bring my second wife over here? Is prospective marriage visa 300 a good option as I can marry her legally in Australia again...?
 

Sammmy

Well-Known Member
2 July 2018
19
0
71
Yes. But you did create the problem in the first place because you could not wait for the divorce to finalize before rushing off to marry someone else.

There is an old saying, rather comical, "patience is a virtue seldom found in women, and never in a man"

I wasn't aware that I was not divorced. I left it all that to my first wife as she said she was gonna look after it all as she's Australian by birth and knows this kind of things better than I do, so all I did was just trust her and not talking to her after nearly 2 yrs.

I thought we were already divorced so when I went overseas and this time got married after 2 yrs of separation from my first wife. I just found out that I'm not divorced when I was planning to launch an application for my second wife. My first wife already has another man in her life and all I want is my second wife to be here legally and without any problems.
 

thatbloke

Well-Known Member
5 February 2018
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Then you have to get divorced properly or face losing any application money you pay with your new partner
 

Sammmy

Well-Known Member
2 July 2018
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Then you have to get divorced properly or face losing any application money you pay with your new partner

Get divorced from first wife or second wife ?

Or do I need to divorce both wives ?

With first wife, my divorce is already in progress and hearing is in September...

After I divorce my first wife, what will be best way to call second wife here? On what visa? I'm happy to marry her again legally in Australia if my marriage is void or null due to not divorcing first wife. Just would like to know my options...