marriage is the question

[akarfc]

Hello,

My partner and I (my partner is an Aus Citizen) are getting married only unfortunatly he is still married to an expat living in Aus. They are getting divorced, his current wife is divorcing him through the Australian system, does this affect us getting married in the Uk, then moving to AUS?

Bit confusing!

Thank you x

[kaz101]

Hi akarfc,

Welcome to the forum.

I wouldn't have thought you could get married in the UK without the divorce in Australia going through first but I'm not sure. I'm saying that because our marriage in the UK is accepted here in Australia so I'm assuming that the other way round would also be true.

You may have to ask an expert on that one - maybe a lawyer or a migration agent.

Regards,
Karen

[akarfc]

Originally Posted by kaz101

Hi akarfc,

Welcome to the forum.

I wouldn't have thought you could get married in the UK without the divorce in Australia going through first but I'm not sure. I'm saying that because our marriage in the UK is accepted here in Australia so I'm assuming that the other way round would also be true.

You may have to ask an expert on that one - maybe a lawyer or a migration agent.

Regards,
Karen

Hi Karen,

Sorry i didnt explain myself properley, We will wait for the divorce to come thro but i'm under the impression you can divorce after 12 months of seperation in Aus and its (i think) 2 years in the uk so will it still apply in the uk, is a decree absolute in Aus still valid in uk, once divorced is that it anywhere in the world? lol sorry not good at explaiing myself!!! Its just a bit pressured for us at the moment, current wife being difficult and we are under a time limit! We have been advised by our agent to marry this summer to clear our application to move to Aus by christmas as my partner has children in Aus and we want to be with them! its never simple is it! Must be Love! lol xx

[amaslam]

Realistically you have to wait till the AU divorce is finalised before you can proceed with the UK marriage. Otherwise you are essentially committing bigamy if you marry your partner before the divorce is finalised in AU.

You can certainly prepare all the paperwork for a spouse visa beforehand or alternatively a PMV (fiance visa/prospective marriage visa) if you want to marry in AU.

[kaz101]

Since the marriages are accepted anywhere then I would assume that divorces would be too. As I said I'm not an expert on this.....