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I have married an Indonesian woman under Muslim religion…

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I have married an...

I have married an Indonesian woman under Muslim religion with full signed permission from my first wife who I married in Australia. Does this count as bigamy under Australian law, even though I had full written consent under Muslim religion law from my first wife who attended the wedding, and lived together with the second wife. Can this be counted as bigamy, if I return to Australia?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Australian family court?

No, as my first wife and I had no children, and this was all signed in front of Muslim authoritirs, whilst we were living in Indonesia

Lawyer's Assistant: Family law varies by state. What state are you in?

Victoria,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Now my first wife is going to try and have me charged with bigamy. Can she do this?

Submitted: 5 months ago.Category: Australia Law
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Answered in 3 hours by:
3/17/2018
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,562
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 5 months ago

under Australian law, where there are two registered marriages within Australia this would be classed as bigamy.

however, where a marriage is potentially polygamous at its inception but, by virtue of a change of domicile or a change in the law of the country where the marriage was celebrated, it is subsquently becomes monogamous.

therefore if a second marriage occurs in Australia under Australian law the first marriage is recognised and the second marriage would result in bigamy.

does this answer your question today ?

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Solicitor: John Melis, Lawyer replied 5 months ago

There may be defences that could apply, subject to your circumstance in order to avoid a charge of bigamy.

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Customer reply replied 5 months ago
Thank you for your response. Do you know of any other way my Australian wife can cause legal problems for me. since she demanded after 12 months of marriage to my second wife who has a child with me that I divorce my second wife. I refused to, and now she is cutting me off financially through joint ventures, and I have only a very short time to live, eg she is still paying my life insurance, which as I have not changed my will she will benefit with approximately 2 million. Plus we have a joint home, 2 properties in Queensland, 1 property in far north Victoria, and 2 properties in Melbourne. Since my return to Australia 3 days ago, she has swapped my limited edition Ford, which there is only 2 more world wide for a harley, without my permission. She is also denying me access to my bank cards, home and all other assets. so I have no funds here. She admitted to me yesterday that she is only paying my life insurance in the hope I will die before I could return from overseas, and she has told my friends she is just waiting for me to die. Can you help me?
Solicitor: John Melis, Lawyer replied 5 months ago

the first step is to consider whether your marriage under Indonesian law is valid.

under the law of Indonesia is the marriage their valid ?

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Customer reply replied 5 months ago
Under Muslim religion, my marriage is legal in Indonesia. There are 2 ways to marry in Indonesia. The Indonesian law of marriage, and you have Muslim religion of marriage, which still gives you the full right to have a birth certificate for any child born with a westerner's name on the birth certificate as mother/father. In either way the marriage is classed as legal.
Solicitor: John Melis, Lawyer replied 5 months ago

and when did you marry your second wife ?

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Customer reply replied 5 months ago
I married my second wife with full written consent from the first wife in 2015. I married my first wife in Australia in 2005. My first wife lived with us for many years.
Solicitor: John Melis, Lawyer replied 5 months ago

Ok.

so what does your second wife want ?

as you may be able to mediate a solution to stop the matter proceeding to the court

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Customer reply replied 5 months ago
It is the first wife doing everything. My second wife in Indonesia, is astounded at what is happening here. My first wife is only interested in getting as much money as possible. What can I do to retrieve my assets from my home?
Solicitor: John Melis, Lawyer replied 5 months ago

ok, the best option at this time is to commence formal separation proceedings without the court process and completing on an amicable basis, you will need a lawyer to negotiate a settlement with your wife to keep the matter on path to an amicable separation.

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Solicitor: John Melis, Lawyer replied 5 months ago

I have extended a special offer to talk on the phone about this important matter, please look, it will help you.

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