Marriage & Divorce - Family Law with Wickham Lawyers

26/10/2020

Bigamy

Bigamy is defined as a person who is married must not go through a form of ceremony of marriage with any other person. This includes marriage ceremonies or registered marriages in foreign countries.

If you are married in India or anywhere else offshore, whether through religious ceremony or Civil Registration, you are prohibited from marrying again in Australia without a Divorce with the first spouse.

Bigamy is a Criminal Offence

Note that bigamy is a criminal offence across Australia punishable by up to 5-7 years’ imprisonment to marry a person whilst already married to another.

The only defence to a criminal charge of bigamy is that at the time of the offence, the accused believed that his or her spouse was deceased and that the length of absence provided reasonable grounds for the believe that the spouse was deceased.

A person knowingly marrying the other person

A person who marries another person knowing that other person is already married is guilty of participating in bigamy, which is also a criminal offense which attracts a maximum penalty of five years in prison.

What if you discover you have committed bigamy?

You need to address the issue as soon as possible and seek legal advice. You can contact Wickham Lawyers
at 07 3831 9025 who specialises in bigamy cases by immigrants and people from overseas.

30/04/2020

22/03/2020

Domestic Violence

Domestic violence can be so easy for people to ignore, as it often happens without any witnesses and it is sometimes easier not to get involved. Yet, by publicly speaking out against domestic violence, together we can challenge attitudes towards violence in the home and show that domestic violence is a crime and not merely unacceptable.

Seek legal advice - Call Wickham Lawyers

15/03/2020

Property Settlement - Family Law

Did you know that when determining a fair property settlement, the Family Court applies a four step process?

The first step involves determining the value of the assets and liabilities, secondly an assessment of both financial and non-financial contributions is done, thirdly the future needs of the parties is considered and then the Court considers what a fair (just and equitable) division of the property should be.

Although the same formula is applied in each case, the outcomes vary from case to case. Not each separating couple will have a 50/50 split and it is always worthwhile obtaining legal advice prior to resolving your property settlement.

For property settlement matters, contact Wickham Lawyers at 07 3831 9025.