can my partner file a divorce while his in Australia?

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can my partner file a divorce while his in Australia?


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Old 01-12-2013, 02:25 AM
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can my partner file a divorce while his in Australia?

hello !

me and my partner are confused on what we should do. hope there's someone that can help us on this. we would be much appreciated.

if my partner provide a statutory declaration or legal separation from an attorney in his country and he get granted for a visa to come back to Australia, is it possible for him to file a divorce while he is in Australia even though he is just on a temporary visa? Rather than filing an annulment in the Philippines?

One of the immigration told me that applying on defacto grounds is not a big deal if your partner is still legally married overseas because being in a defacto relationship does not require us to get married. but we want to show proof that he is separated with his wife for a long time and cause he wants a divorce so we can get married in the future.


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Old 01-12-2013, 09:39 AM
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Hello bemmy
I had tried this in Australia in 2010, i was still legally married ( as at the time in Malta Like the Philippines there was no such thing as divorce). I actually paid the $450 dollars at the court, i had a date before the judge, i was told that because i was on a visitors visa( 3 months ) the judge wouldn't grant the divorce even though i tried to explain to her both Kevin and i wanted to get married. The main issue was i was only on a visitors visa so you may find that courts will allow it. The judge had said that if i here on a longer visa then it wouldn't have being a problem for her to issue the divorce.
In Malta even a legal separation takes years to complete, and now we have the divorce it takes even longer, so if he can get a divorce in Australia its quicker month and 1 day if i remember correctly. This was in 2010 and things may have changed since then so please do check on this.

good luck
Louise

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Old 01-12-2013, 10:39 AM
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Hi Bemmy
To divorce in Australia

You can apply for a divorce in Australia if either you or your spouse (wife):

•regard Australia as your home and intend to live in Australia indefinitely, or
•are an Australian citizen by birth, descent or by grant of Australian citizenship, or
•ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

Note if you have children from the marriage you will need to attend a court but if no children you can do it all online

Divorce


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Old 01-12-2013, 10:40 AM
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How do I apply for a divorce?


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Old 01-12-2013, 11:07 AM
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Quote:
Originally Posted by Aussieboy07 View Post
Hi Bemmy
To divorce in Australia

You can apply for a divorce in Australia if either you or your spouse (wife):

•regard Australia as your home and intend to live in Australia indefinitely, or
•are an Australian citizen by birth, descent or by grant of Australian citizenship, or
•ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

Note if you have children from the marriage you will need to attend a court but if no children you can do it all online

Divorce
Hi Aussyboy, i fell into all these categories and i received the divorce pack filled them out and sent them to my (now x) husband, he had his lawyer sign and agree 100% that we had lived apart for 4 years and he had resettled with his new partner, for once he was working parallel to me he wanted this divorce more than i, still the judge didnt grant me the divorce, she said because i wasnt living in Australia and i was on a visitors visa ( months) she couldnt grant me the divorce, we had everything signed and filled out by his lawyers and mine and still it was the fact of the visa that stopped me. She actually told us that until i was granted a visa to remain in Australia she wouldn't even reconsider giving me the divorce lol. I maybe got a hard judge that day.

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Old 01-12-2013, 09:12 PM
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Quote:
Originally Posted by louiseb View Post
Hi Aussyboy, i fell into all these categories and i received the divorce pack filled them out and sent them to my (now x) husband, he had his lawyer sign and agree 100% that we had lived apart for 4 years and he had resettled with his new partner, for once he was working parallel to me he wanted this divorce more than i, still the judge didnt grant me the divorce, she said because i wasnt living in Australia and i was on a visitors visa ( months) she couldnt grant me the divorce, we had everything signed and filled out by his lawyers and mine and still it was the fact of the visa that stopped me. She actually told us that until i was granted a visa to remain in Australia she wouldn't even reconsider giving me the divorce lol. I maybe got a hard judge that day.
No not a hard judge it was the fact that a visitors visa does not provide evidence that you intend to make australia home, quite the opposite actually. Bemmy you may want to check into some free legal services or give this web site a go
Northern Suburbs Community Legal Centre Inc


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Old 01-13-2013, 03:07 AM
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Quote:
Originally Posted by Aussieboy07 View Post
Hi Bemmy
To divorce in Australia

You can apply for a divorce in Australia if either you or your spouse (wife):

•regard Australia as your home and intend to live in Australia indefinitely, or
•are an Australian citizen by birth, descent or by grant of Australian citizenship, or
•ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.

Note if you have children from the marriage you will need to attend a court but if no children you can do it all online

Divorce
Hey Aussieboy

from what i understand is that if my partner got his partner (defacto) visa granted, will that mean he will be able to file a divorce in Australia after living here for at least 12 months? i don't quite understand the last dot point. He regard Australia as his home and he want to live with me in Australia permanently. We want to be together as a family and its also because we will have a baby coming in March. should he apply for partner visa subclass 100? or apply the subclass 309?

and i've been also searching some information about an annulment in the Philippines. i'll just quote it here.

Philippine laws do not recognize divorce, all divorces secured abroad are not valid in the Philippines. It follows that all second marriages contracted by Filipino citizens following divorces secured abroad were likewise invalid in the Philippines.

In the Philippines, a marriage annulment requires that Filipinos who have obtained a divorce outside the country still must obtain an annulment within the country of the Philippines


so even though he files a divorce in Australia, he still needs to file an annulment in the Philippines? if that's the case then maybe he should only file an annulment in the Philippines but it's expensive and the process takes months to find out results.


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Old 01-13-2013, 04:30 AM
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Quote:
Originally Posted by bemmy.x View Post
Hey Aussieboy

from what i understand is that if my partner got his partner (defacto) visa granted, will that mean he will be able to file a divorce in Australia after living here for at least 12 months? i don't quite understand the last dot point. He regard Australia as his home and he want to live with me in Australia permanently. We want to be together as a family and its also because we will have a baby coming in March. should he apply for partner visa subclass 100? or apply the subclass 309?

and i've been also searching some information about an annulment in the Philippines. i'll just quote it here.

Philippine laws do not recognize divorce, all divorces secured abroad are not valid in the Philippines. It follows that all second marriages contracted by Filipino citizens following divorces secured abroad were likewise invalid in the Philippines.

In the Philippines, a marriage annulment requires that Filipinos who have obtained a divorce outside the country still must obtain an annulment within the country of the Philippines


so even though he files a divorce in Australia, he still needs to file an annulment in the Philippines? if that's the case then maybe he should only file an annulment in the Philippines but it's expensive and the process takes months to find out results.
I can not advise on which visa to apply for as i am not sure he is eligible to apply for either ie visa 300 requires you to marry within certain timeframes and i am thinking it would be hard to prove that you are mutually exclusive, when he is in the philippines and married to a filipino for visa 100. I know to apply for visa 309 you need to produce a CENOMAR (certificate of no marriage), i would think that you would also need to do that for visa 100. Maybe Mark Northam can advise on this one especially the visa 100. I am definitely not a migration agent

Regarding the divorce, from what i understand he would need to live in Australia for 12 months prior to the divorce (hence ruling out visa 309). I as an Australian citizen divorced my filipino wife and this is recognised if i wish to marry in the philippines.

It really does not matter what the philippines recogise as long as if he wishes to remain in australia and marry in australia then a divorce in Australia is legal. There are many free (or just for a couple of dollars) legal advice centres that you can go for inital advice.


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Old 01-13-2013, 10:16 AM
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bemmy
Malta and the Philippine laws on separation and divorce are the same or lets say they were as now Malta is free to divorce but not without 4 years of legal separation from the courts. These were the last two countries in the world not to recognize divorce, now the Philippines stands alone.
if you wish to get a spouse visa (Subclass 309, partner visa) or a fiancee visa (Subclass 300, prospective marriage visa), then she must be legally free to marry. The only exceptions are for those who have been in a de facto partnership for 12 months or more.

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Last edited by louiseb; 01-13-2013 at 10:41 AM.

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Old 01-13-2013, 10:31 AM
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Quote:
Originally Posted by Aussieboy07 View Post
No not a hard judge it was the fact that a visitors visa does not provide evidence that you intend to make Australia home, quite the opposite actually. Bemmy you may want to check into some free legal services or give this web site a go
Northern Suburbs Community Legal Centre Inc
hi aussyboy, i was on a visitors visa coming and going every few months actually i came back and forth 5 times in 9 months , as far as evidence goes your right it doesn't show my commitment to Australia but having a house in our name, and having bank accounts in my name as well as utility bills shows my commitment to Australia, investing thousands of dollars in Australia should be strength alone, i am and was committed to Australia especially financially, i would have thought the judge would hav taken this into consideration, lol i was wrong, but she made the choice and i had to obeye her orders. Thats when we packed up and came to Malta.

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