To apply for an Australian prospective marriage visa, both parties need to be “free to marry”, ie. you must both be legally able to marry each other.

Why?

Because there are laws in most countries, including Australia, Philippines, China, Thailand and Vietnam, against bigamy! You cannot be married to two people at the same time. The penalty in the Philippines, I think, is 10 years hard labour! And yes, marriages from one country are recognises in another country. Don’t think you can sweep it under the carpet.

Being free to marry also means:

Neither party is under-age, ie. not under 18
You may not be close relatives
You may not be of the same sex. Same-sex marriages are not (as of 09/04/2014) legal in Australia. Therefore you are not free to marry each other.
And neither of you may be forced into the marriage

For those not aware, the Philippines has:

Annulments: This is a lengthy and complicated process by which it needs to be established to the court that one or both parties of the marriage was psychologically incapable of understanding the commitment they were making at the time of the marriage.
Sharia divorces: Muslim Filipinos may divorce through the Sharia courts in the Philippines if they are actually Muslims.
Legal separation: This is NOT a way of ending a marriage. The couple are still married. They’ve merely legally separated their affairs.

No-fault-divorce, as exists in Australia? No, sorry. Doesn’t exist. Be aware of this!

China, Thailand and Vietnam

Yes, they have divorce in their legal systems

www.downundervisa.com

6 Comments

Rodney Mclean on 04/05/2021 at 9:10 am

How to apply de facto visa for my filipina gf. We want to live together for now while she is processing her annulment in Phil.she was separated 16 yrs.ago we are already 1 year engage

Jeff Harvie on 07/05/2021 at 3:29 pm

Hello Rodney. (a) You won’t get a 12 month tourist visa, and (b) you won’t get her a travel ban exemption right now
Reply

Issa on 22/09/2021 at 11:56 pm

I am Filipina was married in the Philippines and got a Divorce grant from Australia to a Filipino Husband.
Me and my new partner Australian citizen is planning to apply for a Fiance visa offshore- will it be enough to attach my divorce grant without annulment? thank you and stay safe

Jeff Harvie on 08/10/2021 at 5:50 pm

Australia processes Prospective Marriage Visas. The Australian Government recognises Australian divorces. No you won’t need an annulment.
Reply

Paul Purich on 07/06/2022 at 9:16 am

My Filipina Fiancé has previously been married in the Philippines , her ex husband has recently passed away.

To remarry me an Australian citizen does she still need an annulment?

What documents would she need to process a prospective partner visa?

Many thanks for your assistance and kind regards

Jeff Harvie on 17/06/2022 at 3:42 pm

If her spouse passed away, she’s a widow. She may legally remarry.

I can’t tell you here what documents are needed for a PMV. Suggest you get a free assessment, and consider becoming our client. We will give you all the guidance you need. https://assessments.downundervisa.com
Reply

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