Down Under Visa Logo

You’ve met your lady in the Philippines, and it turns out she’s legally married. And after contacting that highly-experienced and well-reputed Migration Agent Jeff Harvie from Down Under Visa, you realise that this is a major obstacle to getting a partner visa or a prospective marriage visa to Australia for her. She should be legally free to marry, or she can’t legally marry you.


You have a couple of options to make it possible to apply for a partner visa for her, and these are the only realistic options:

  1. She finds a reputable attorney in the Philippines and she organizes an annulment of the marriage if this is a possibility.
  2. You look at the possibility of applying for a partner visa based on a de facto relationship.

We’ve written BLOG articles about annulments in the Philippines and how they work before. I’m sure you’ve seen them, and if not please search in the SEARCH OUR SITE section on the BLOG page. Here are a few articles on the topic in the meantime:

And we’ve also written plenty of articles about de facto relationships. Remember that you need to BE in the de facto relationship in order to apply for a partner visa based on one. There are no visas for those who wish to commence a de facto relationship. And please understand that there is a big difference between leading a genuinely shared-life and being boyfriend and girlfriend. They do need to see plenty of evidence of a strong and genuine commitment to each other.

What about getting a divorce in Australia? Is it possible?

In other words, getting a divorce in Australia whilst visiting Australia on a tourist visa!

I had someone ask me this the other day. I did my characteristic “You need to discuss this with a lawyer who specializes in Australian family law matters”, only to be told that he had and that the lawyer said it could be done on a tourist visa as long as the lady stayed for 3 months!

No, it didn’t sound right. So I made some enquiries. And again, understand that my advice remains the same about consulting an expert on family law, which I am definitely not one! The following comes directly from the Family Court of Australia, whom one could assume know their topic:

You can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live in Australia indefinitely, or
  • are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Regard Australia as your home and intend to live in Australia indefinitely”? Tourist visas are for visiting only. So a NO to this one.

Are an Australian Citizen……”? Clearly not.

Ordinarily live in Australia, and have done so for 12 months….”? Again, no.

So a definitely NO to this as an option. Please look into the other options, and we look forward to helping you both with an Australian partner visa or prospective marriage visa application when you are ready.

Another happy couple with a Australian Partner Visa thanks to Down Under Visa
De facto partner visa applications. Easy?

Questions: Please search our BLOG menu or Visa Knowledge Base

Submit a Comment

NOTE: Please restrict your comments to what's written on this page.

PLEASE NOTE: You may comment on posts, and you may ask general questions about the visa topic. However requests for “how-to?” information on how to lodge visas or how to deal with specific problems will not be answered. Please engage the services of a professional Registered Migration Agent for actual assistance or advice. Thank you.

Your email address will not be published.

Questions about visa types we don’t handle, or about countries we don’t apply for visas from, will not be answered, Philippines to Australia visas for couples and families only.

Do you have suggestions for topics you would like to read an article about? Click HERE and we will see what we can do!



How does it work?

How It Works Image

Search Our Site

Happy Couples

Happy Couples Image


Google Reviews

See All Reviews

Facebook Reviews

Subscribe to our BLOG


Want the latest in Australian Visa information?

SUBSCRIBE to the Down Under Visa BLOG Page

Never miss a single important update!

BONUS EBOOK! “Philippines to Australia – Australian Visas, Frayed Emotions and a Journey You Will Never Forget” by Jeff Harvie RMA

Just want to buy the book? Purchase directly from Amazon by clicking HERE

We never share or sell your data

Migration Law

Registered Migration Agent Details Image

Should you use a Registered Migration Agent or not?



Migration Alliance Image

Latest Posts

Useful Links

Filipina Wives Image Down Under Visa - Visa Q & A Image Online Filipino Weddings Image
Online Weddings for Australian Filipina couples