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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44647
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am asking on behalf of my daughter who was born in

Customer Question

Hi, I am asking on behalf of my daughter who was born in Australia and went to Sri Lanka in December 2015 and got married in a civil ceromany. Her partner received his spouse visa and arrived in August last yr. the marriage was not successful because he was very abusive and all he wanted was his PR. The couple lived with us but in separate rooms because they weren't going to sleep together until the marriage in the church in march this yr . Is there grounds for an anulment ? If so could it b carried out here or in Sri Lanka
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: who is USCIS?
JA: Has anything been filed or reported?
Customer: There is a DVO against my daughters partner. The hearing for that is in April this yr . My daughter has rung immigration in Aust and advices them that the marriage has broken down. Yet her partner was allowed to come back into Australia and he is living in Melbourne at the moment
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not really
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 8 months ago.
  • Good Morning.

She cannot get an annulment only a divorce. She has to inform the Department that the marriage is over it is a condition as a sponsor. Failing to do this she is in breach and if they discover that she has allowed him to get a PR because she lied and failed to disclose the marriage is over she can face penalties as can he.

She cannot get an annulment as the grounds required are not met. She has to eat 12 months from the date of separation and then apply for a divorce.

The following are the grounds under which she can get an annullment

The Court may declare a marriage invalid on the following grounds:

n At the time the parties were married, one of them was married to someone else.

n The parties are in a prohibited relationship.
n The parties did not comply with the laws in relation to

the marriage in the place they were married.

n Either party was not of a legal age to marry.

n Either of the parties did not give their real consent to the marriage because:

  • – consent was obtained by duress or fraud,

  • – one party was mistaken as to the identity of who they were marrying or the nature of the ceremony, or

  • – one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.

The link it came from is below.

http://www.familycourt.gov.au/wps/wcm/connect/97f8cb2c-41f7-48c5-9a1a-ca849bef95b5/FSAppNullity_010113V2.pdf%3FMOD%3DAJPERES%26CONVERT_TO%3Durl%26CACHEID%3D97f8cb2c-41f7-48c5-9a1a-ca849bef95b5

I hope his make sense and is of assistance if there is nothing further

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.

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Regards

Leon