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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I wish to bring my partner to Australia. She is filipino and

Customer Question

Hi Pearl, i wish to bring my partner to Australia. She is filipino and is married in the Philippines but has been divorced in Guam. As the Philippines do not accept divorce for their citizens she is still married there. Will the Guam divorce be accepted in Australia. The Guam divorce only required for her to be in Guam for 7 days before applying for divorce.
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Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

Do you wish to bring her over to marry or simply as your partner?

How long have you been together?

Customer: replied 8 months ago.
We have been together less than 12 months. Marriage would be prefered to de facto
Expert:  Leon replied 8 months ago.

You can apply for a defacto partner visa but you have to know her for 12 months.

The fact that she may be married is not relevant and you do not have to worry about the divorce from Guam.

The visa application form is the same but you select defacto.

because you are not married you cannot bring her in as your wife and it would have to be on a tourist visa.

If she comes as a tourist you can apply here before her tourist visa expires and use the following form

https://www.border.gov.au/Trav/Visa-1/801-

If you wish to apply when she is overseas then use this form

https://www.border.gov.au/Trav/Visa-1/309-

I hope this makes sense and is of assistance.

Customer: replied 8 months ago.
Thanks for the info.I was already aware of being able to bring her in in this manner. I would like to know if the Guam divorce would be recognised in Australia so we could be married.
Expert:  Leon replied 8 months ago.

Under section 104 it would not be recognised because she would not have been ordinarily resident in Guam

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s104.html

She has to be ordinarily resident there not simply fly in stay 7 days and get a divorce.

If she lives there then it is valid. But if she is not a resident there, then it is not valid.

Customer: replied 8 months ago.
Thank you.
Expert:  Leon replied 8 months ago.

Good Afternoon

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 8 months ago.
Leon i have just read part 5 of section 104. Would this apply to the divorce in Guam?
Expert:  Leon replied 8 months ago.

Good Afternoon

Subsection 5 is conditional and that is but to which none of the preceding provisions of this section applies

and in this case subsection 3 applies she was not ordinarily resident.

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