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i got married in november to an australian citizen in sydney.

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i am an irish citizen...

i got married in november to an australian citizen in sydney. i am an irish citizen. in feb of this year, my wife returned to sydney to seek custody of her children. the father of the children said that she could have them and for them to reside in ireland with us. however, as this was going on, my family and i had sent money to australia for my wife to use for solicitors etc. she requested more money from me for strange expenses - the dentist etc for teeth whitening for example and she also under took an adult training course when she landed - telling us it was just to while away the hours. the result of all of this is that my wife has refused to return to ireland to me and is now residing with her sister in sydney. i am severely out of pocket due to her "conning - is what it feels like" and my friends and family feel very cheated. is there anything i can do to get this marriage annulled and to claim some expense back ? the marriage was a catholic one. feels like fraud of marriage !

Submitted: 13 years ago.Category: Australia Law

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5/5/2010

Solicitor: Leon, Solicitor replied 13 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,730

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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HI

The only way to get a marriage annulled in australia is

one or both of the parties were already married at the time
one or both of the parties were under-age and did not have the necessary approvals, or
one or both of the parties were forced into the marriage under duress.

http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Nullity/

In Ireland the rules are similar and the link below explains what is required.

http://www.citizensinformation.ie/categories/birth-family-relationships/civil-annulment/applying_for_a_civil_annulment_of_marriage

To end the marriage in Australia you have to be separated for 12 months and then you can apply for a divorce. As you are married for less than 2 years you will also need to provide evidence that the marriage is over. Usually this is a certificate from an psychologist.

In Ireland you cannot apply until 5 years have passed and you have to show that you have lived apart for 4 years of the 5.

If you wish to sue her for the money you will need to file summons in the court in Sydney.

You will have to contact a Solicitor and have them write to her demanding the money be returned and if she does not pay it back commence proceedings.

I hope this is of assistance

Customer reply replied 13 years ago

is it even worth my while ? I thought as a catholic and the whole case of annullment is that as she entered into the marriage with no intention of remaining in it and the fact that she has entered into another relationship with another man 2 weeks after she returned to australia that an annullment would be granted. How would the courts look on me for requesting funds back ? She has lived off of me for nearly 2 yrs. She did not work here in ireland or during our engagement and i paid for our entire wedding. Should i look for it all back or just the costs such as flights, money given to her for solicitor etc ? I wish to get this sorted asap so i can move on with my life but dont know where to start

Solicitor: Leon, Solicitor replied 13 years ago

HI

It does not apply in law.

The court would accept that it is a debt. You said that the money was provided by you and your family.

The costs of the wedding etc would not be able to be claimable in debt recovery.

You can arrange to sue her for the money at any time. You have to wait for 12 months from the date she left before you can file for a divorce. Once you are granted the divorce you then have to seek an annulment from the Catholic church if you wish to remarry.

If the amount you and your family have sent her is less than $10,000.00 you need to consider if it is worth chasing it.

I hope this is of assistance

Customer reply replied 13 years ago

could i try and re claim the costs of flights etc, her cost of living while here etc ? I have records of all expenses. While here i gave her access to my accounts and allowed her to spend as she saw fit. The amount sent to her since she returned to sydney is less than 10k but right now she has left me with nothing only a debt

Solicitor: Leon, Solicitor replied 13 years ago

HI

You can try and claim it all. Whether the court decides to grant it is another question.

Once you claim it then she would have to defend it.

In your claim you could set out that you were mislead into spending the money and that she owes it to you.

It would be up to her to then defend and show the court otherwise.

I hope this is of assistance

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,730

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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