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BIG SUR

Marrying Australian citizen / spouse visa

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Hi there, just wondering if anyone has any knowledge on divorce or annulment  in Australia please? 

My friend married an Australian citizen in November 2016, she is here on a bridging visa, pending a decision being made for student visa. 

They separated just after 6 months together, no spouse visa applications were submitted. 

He says he can have marriage cancelled or arrange divorce and claims if he applies to have it cancelled she will not be allowed to visit Australia again.

Surely the only option is wait 12 months and apply for divorce? 

If anyone can give any help it would be much appreciated.  

Thanks 

S

 

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1 hour ago, BIG SUR said:

Hi there, just wondering if anyone has any knowledge on divorce or annulment  in Australia please? 

My friend married an Australian citizen in November 2016, she is here on a bridging visa, pending a decision being made for student visa. 

They separated just after 6 months together, no spouse visa applications were submitted. 

He says he can have marriage cancelled or arrange divorce and claims if he applies to have it cancelled she will not be allowed to visit Australia again.

Surely the only option is wait 12 months and apply for divorce? 

If anyone can give any help it would be much appreciated.  

Thanks 

S

 

Under Australian law they will need to be separated for a year and a day before they can apply for a divorce. See the link belw for all the details.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/how-do-i-apply-for-a-divorce/

Divorcing will not affect her visa unless she was on a temporary spouse visa or a prospective marriage (fiance) visa. You say she is on a bridging visa so what visa was she on originally..

He is talking rubbish when he says she will not be able to visit Australia again. That's just bullying.

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She was on a tourist visa then applied for student visa.
My concern is that he will lie and tell Immigration/authorities that she only married him to get visa to stay in Australia.
Thanks for replying


Sent from my SM-G930F using PomsinOz mobile app

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9 hours ago, BIG SUR said:

She was on a tourist visa then applied for student visa.
My concern is that he will lie and tell Immigration/authorities that she only married him to get visa to stay in Australia.
Thanks for replying


Sent from my SM-G930F using PomsinOz mobile app
 

That would only really be relevant if she'd applied to stay on the basis of the marriage. 

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He can't just 'cancel a marriage', I'm assuming he means apply for annulment.

Either way he sounds like a moron and she's probably well rid of him >:(

 

Oh Lord, I've just realised this is a very old post - apologies for dragging it up!

Edited by Drumbeat

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