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mia · 06-13-2005, 04:04 AM

I am 3 and a half years living with my fiancé. We live in Spain but he is a Brisbane resident, a Hindu origin. One of the main reasons we are staying in Spain is because we cannot come to Brisbane due to him not being able to divorce his wife that he has been separated from for 3 years. She is not willing to sign divorce, and lawyers also say that my fiancé has no legal grounds to apply for the divorce himself, but maximum he can get is legal separation. We desperately want to come and stay in Brisbane together, but apparently Australian law forbids us living there under the same roof while he is still married to this woman who has no intentions of granting the divorce. I would appreciate very much if anybody could give me some good quality advice. I am Spanish resident with Croatian origin. I met my fiancé in Spain where he was running his company. His wife refused to come to Spain and live with him during two-year period, at the end of which we have met. She did not want to leave her good life and family behind. That is how we started our relationship and until this day we cannot get married, and maybe wont be able to for a very long time. How do we come to live in Brisbane, one thing that I wanted since a very long time? Please help with advice. Sad

Pumpkin Escobar · 06-13-2005, 04:41 AM

DONT EVER GET MARRIED!!!!!!!

Choko · 06-13-2005, 06:24 AM

In which country is the marriage registered?

I was of the understanding that in the UK and across Europe after 2 years of official separation that either party cannot contest to a divorce. He could divorce her anyway and she can't say anything, put it under the thing or irreconsilable differences.

She's just being a bitch, what does she have to gain by staying married to him? Plus if you two have been living together all this time, in the eyes of European law you should be seen as his common law wife anyway - look into it.

**Snype** · 06-13-2005, 06:46 AM

r u sure he doesnt have any children. if he does then trouble.

**Danick** · 06-13-2005, 12:28 PM

Solution 1:
Your husband could request for a name change

Solution 2:
Have an official marriage in spain. When entering brisbane provide attested marriage documents and you should have no issues entering the country.

Note that unless you live in an area where someone is out to complain about you, nobody comes around knocking doors and checking if you are a couple living together or not.

Cheers,

D

mia · 06-13-2005, 04:29 PM

Marriage took place in India and it is also registered there, but it is also registered in Brisbane, because his wife was placed under his visa, however now she has her own independent visa and nothing to do with his papers. Both families, hers and his, have been living in Brisbane since many years.

We cannot get married in Spain because he has to prove that he is either single or divorced providing the proof from the country of origin, India. And how can I be treated as his wife under the common law when he is considered a married man.

MY MAIN DISPUTE HERE is why Brisbane has to have such strict rules. If this happened anywhere else in Europe for example, nobody could touch us if we lived in the same country or town with his wife, even if they are not divorced. This way not only the law prohibits us from coming to Brisbane and living as husband and wife, but also she and her family are threatening us with police and jail, which makes me very scared.

Can they really do that??? Can they accuse me and put me in jail for living with a married man, even though he is living separate from his wife for over 3 years????????? Can she put him in jail on the grounds of adultery???? Theses are all the things they have been threatening us with. They are sick people, she and her whole family. And the funniest thing is that she doesn't want to reconcile, she lives with her parents, and she only wants revenge.

Also her brother has very good connections in the immigration of Brisbane, and he said he will deport me straight from the airport and that he also has ways of finding out whether visa in my name has been issued and once I try to enter Brisbane I will be instantly returned back.

My dream is to come and live in Brisbane. I know so much about it through the literature and the Internet. But the fact that money there can even bend laws and rules, and that people like her brother can make police corrupt, at least that is what he says, it scares me.

Please advise.

Choko · 06-14-2005, 06:08 AM

Hello Mia,

Unfortunately yes they can get into a lot of trouble. Brisbane and Australia is a Muslim country and therefore abides by Sharia law. A couple may not live together out of wedlock, although the authorities turn a blind eye to western expats and many peole live with their girlfriends/boyfriends etc. But if one of them is a muslim then the authorities take a very dim view of it, particularly if someone complains.

If you both came to this country the wife could say you are having an affair with her husband and that's big trouble for you.

But can you prove that they've been separated for several years? And is he supporting her in anyway? And yes the other question do they have any children?

If they've been separated for years I'm sure you can take it through the courts to push for a divorce, also if there are any young children, I know it's a dirty trick, but I think I'm right in thinking that in Australia the father automatically gets custody, so that could be a bargaining point.

Also find out is she is with someone new!

**Snype** · 06-14-2005, 06:24 AM

Alcoholic Wrote:Hello Mia,

Also find out is she is with someone new!

ConGRATS PUMPKIN u got a job! spy 000... :lol:

saminbrisbane · 09-25-2005, 05:19 PM

migrate to safer pastures.... :twisted: :twisted: :twisted:

beshbusha · 10-16-2005, 11:25 PM

He could always convert to Islam and marry you as a second wife.

**Snype** · 10-18-2005, 04:18 AM

beshbusha Wrote:He could always convert to Islam and marry you as a second wife.

yeah rite that's how ur dad married ur pop? Dont disgrace religion and let the old threads die and rest in peace. :x

Choko · 10-18-2005, 08:17 AM

Thta's the most idiotic suggestion I've ever seen.

secretbrisbane · 10-19-2005, 02:31 PM

Good god this is simple.

Have him convert to Islam, and take you as a second wife. You won't need to convert. The marriage may not be legal in Europe/your home country, but it should be recognised under sharia law in countries.

I know this works because a christian friend of mine's bastard husband, who married her in the western way (though the bastard is a muslim) is now, thirty years into the marriage, taking a much younger second wife (who is budAUDist) in a muslim ceremony. All totally legal and accepted here.

naruto · 10-23-2005, 01:22 AM

secretbrisbane Wrote:Good god this is simple.

Have him convert to Islam, and take you as a second wife. You won't need to convert. The marriage may not be legal in Europe/your home country, but it should be recognised under sharia law in countries.

I know this works because a christian friend of mine's bastard husband, who married her in the western way (though the bastard is a muslim) is now, thirty years into the marriage, taking a much younger second wife (who is budAUDist) in a muslim ceremony. All totally legal and accepted here.

i totaly agree with you i think this is the best way .. but muslims men can only married a christian or a muslim person ..

Choko · 10-23-2005, 07:07 AM

I'm sorry, but I think this is totally wrong!

I believe in monogomy, one guy, one girl. There's no way in a million years I'd ever be with a guy who would have a second wife.

I know it's what you believe, practice etc etc.

secretbrisbane · 10-23-2005, 11:47 AM

Me too - I find polygamy very distasteful.

But this is hardly having two wives, it's a legally-acceptable workaround until he can get rid of the first. It's not like he's going to be in a relationship with the first wife in any way.