Divorce in South Australia

Lisa Omar

12 July 2016 Assalamualaikum Out of curiosity, when muslim couples divorce (for whatever the reason might be), and despite whoever requests it (be it the wife or the husband), is there some paper documentation/certificate given to say 'yes these two aren' t married to each other anymore' issued by masjids/imams/respected sheikhs? Because I know it is not necessary for us to register our marriage to the Aussie side of things especially when your marriage is recognised (for example, nikah in Malaysia, recognised by Australia 'cause we get proper documentation saying we' re married etc issued by islamic council back in Malaysia. The same goes if a couple is divorced) If no, shouldn't there be one? To avoid certain complications in the future of course incase they wanna remarry etc. Just asking. Not stirring up anything. Representatives, please explain😊 3 Comments 2 2 Like Show More Reactions Comment Comments Taher Alwani you should ask this to a shiekh or alim not here. but yes there is a paper given by whichever shiekh does the divorce. Like · Reply · 1 · 12 July 2016 at 13:28 Lisa Omar I assume there be representatives of masjids and associations here there could explain seeing that there are people in our community going through (or may have exprienced) a divorce, just so they know their rights, brother. Understandable there might be people in our community who are shy or may have language barriers to seek assistance with local sheikhs /imams... shy because they're worried people spreading rumours,because IT HAPPENS. We're all here to learn, to be informed and this should be a safe environment, don't you think so? #haqq Unlike · Reply · 5 · 12 July 2016 at 14:21 · Edited Taher Alwani regardless they must go to a shieck/alim to go through with the divorce so might aswell ask one first inshAllah. There is no alims or shiekhs on this page so we should avoid opinions when it comes to these matters. Unlike · Reply · 2 · 12 July 2016 at 14:25 Lisa Omar Well of course they do, not saying that they should not.Just that they should also know what will happen, and what to expect and all that stuff.I think my question was pretty clear, whether there is a paper documentation given in talaq cases (as there wouldbe in nikah).It's not a gray area question, I believe it was pretty much a yes or no.That is all.jazakallahu khayr Like · Reply · 4 · 12 July 2016 at 14:29 Tessa Umm Yousef Plus a lot of the time the Sheiks never answer :P Like · Reply · 2 · 13 July 2016 at 02:58 Melissa Beaver Ahmed Bassal could u find out the answer to this please? Like · Reply · 13 July 2016 at 18:43 Write a reply... Faiza Kaply Yes in Malaysia we have a mufti for each states (14 altogether). The marriages, counselling and divorce must be register to the state mufti office. And we have to attend pre marital course and take hiv test before marry. Like · Reply · 1 · 12 July 2016 at 13:36 Marcia Bell Ok I've asked this question at the mosque On Monday, in order to be divorced Islamicly u first need a divorce here in Australia, 2 after the divorce goes to court and approved after 1 month u will get documents from the courts here, 3 u take those divorce papers and show the imam, they will help u Islamicly divorce in the mosque Unlike · Reply · 3 · 12 July 2016 at 19:14 Lisa Omar Jazakallahu khayr for the info, sister. 😊 Insha Allah I hope anybody who needs assistance /wants to know the procedure /information now knows that this is how it is done and may Allah make it easy on them. I understand the sensitivity of the issue, but when you see it so rampant in our community and some may be at loss or unsure(divorce is a very emotional situation & very stressful that affects everyone from the married party & both families involved) especially those who just reverted, it can be such an overwhelming matter. Unlike · Reply · 2 · 13 July 2016 at 00:42 · Edited Marcia Bell Also the talaq has to be done infront of the imam, not saying it to it face or in a sms either it is not valid so the imam that I saw was at the Ali khalil mosque On torrens road, very good advice I was given Unlike · Reply · 1 · 12 July 2016 at 19:40 Lisa Omar Yes, that is a well known fact (shari'ah-ly speaking). But it has come to my attention there are cases where no letter was issued to the divorced parties by the local imam/sheikh. Wallahu'alam. Unlike · Reply · 1 · 12 July 2016 at 19:43 Marcia Bell My advice to the local mosque and just ask for advice, ========================================================================================================================================= https://www.facebook.com/groups/indiansatmelbourne/permalink/1277864428949092/ Jasmeet Kaur January 28, 2017 hi I want some suggestions regarding my marriage dispute....My husband is living in australia ....After marrige he left me in india and went to australia and never came back .last day I got a divorce application from a perth lawyer . My husband want divorce after 4 years marriage .I dot want divorce .Is he eligible to get divorce?. as i m india and he is in perth ... pls give me suggestion what should i do Like Like Love Haha Wow Sad Angry Comment 10 10 Comments View 3 more comments Karina Kang Hey sweety is there a possibility you could get a lawyer? I think a lawyer would be very helpful in your situation. Just keep in mind that in terms of divorce they will have a look at how long you two have been physically together. 1 Manage Like · Reply · 1y Jasmeet Kaur v just lived together for one month ....i cant afford any lawyer in australia 1 Manage Like · Reply · 1y Vee Kay Happened to a friend of mine. But other way round. He was in India and got a divorced letter after 2 yrs from the girl Manage Like · Reply · 1y Vee Kay The divorce letter is from Indian court, right ?? Manage Like · Reply · 1y Jasmeet Kaur NO...IT IS FROM PERTH LAWYER Manage Like · Reply · 1y Vee Kay Is ur marriage registered in Australia ? Manage Like · Reply · 1y Jasmeet Kaur ITS REGISTERED IN India Manage Like · Reply · 1y Vee Kay Then Divorce will happen in India if u dont sign this letter. U ll actually get divorce papers from indian court when he files a divorce. And He has to come back on final hearing atleast to sign the papers. 3 Manage Like · Reply · 1y Mahesh Rohira since u r Indian citizen got married in India, registered marriage in India & stayed post marriage ( for short while) in India divorce proceedings have to follow laws of India...but u need to reply to divorce notice...i presume its a lawyer's notice from what u have stated....pls appoint a competent divorce lawyer from ur home town reply to the notice & den counter sue him for restitution. he will have to appear before the family or district court in ur home town 4 Manage Like · Reply · 1y Saqlain Naqvi Jasmeet Kaur I will help you in terms of any Qs about Family Law. https://www.facebook.com/RealEstateSA5000 Manage Residential & Commercial Real Estate Investment, and Conveyance-RESCOM LAW 4.5 star · Commercial Real Estate Agency·Open Now Zareena Khalid, Sue Dvivedi and 1 other like this or have visited Like Like Love Haha Wow Sad Angry · Reply · 1y · Edited Unnati Patel Dear jasmeet. If your husband cheat you. So why do you want reunion with him. If he really loves you, he never leave you. Aise kutto ke sath Kya krna chahiye. Muje achhe se malum hai. Bcoz same happened that thing with me. I will help you my best . I known Australian and Indian family law. Be strong and give up. Don't ruine your life and wasting your time behind cheat people. Bcoz that disgusting people alwys take a chance of Australian laws , which we can't go and come again two countries. In Australia is a one side divorce law if husband or wife separated last one year or more. No contact, message or any type of conversation or sex between them. if he proof in court of Australia .He will get divorce easily. Bcoz by Australian law you can't force to someone to live with you without their interest. Even court don't need to your sign on divorce hearing or application. If he proof divorce criteria darling. Message me personal . I will give you my best guidance. Good luck to you. Do good. God will help you. Bcoz khuda Ek rasta band krta hai to 1000 kholta hai Par hum us band darwaje ko hi dekhte hai..! 2 Manage Like · Reply · 1y · Edited Write a reply... Kaur Jeet Hello jasmeet very sad to hear that something happen like that to u be strong I think it's better u just go and see a lawyer legally need to show one year separation and in ur case it's 4 years but u can claim financial support and don't try to stay with such an idiot who left his wife like that hopefully u will get justice 9 Manage Like · Reply · 1y Saqlain Naqvi That's so sad to hear. Manage Like · Reply · 1y Write a reply... Jasmeet Kaur thank u Manage Like · Reply · 1y 3 Replies Mohan Lal If you have not lived together for 4 years there is a strong possibility that he will get divorce unless it is contested. For that you will need a solicitor to file a case on your behalf. You should write to Australian High Commission in India immediately 4 Manage Like · Reply · 1y · Edited Jasmeet Kaur thank u.... Manage Like · Reply · 1y Sumitha Bhandari Sorry to hear that Jasmeet. Men are such jerks. I hate them for this very reason. 6 Manage Like · Reply · 1y 3 Replies Beenu Arora Beenu is an administrator in this group. File a compliant with Australian High Commission. Pls refer to this look for more assistance - https://www.mea.gov.in/.../faq-marraiges-of-indian-women.pdf 2 Manage Like · Reply · 1y 3 Replies Nagendra Thaluru What husbands taking Manage Like · Reply · 1y Jeet Grewal If u signed that application, u'll straight away get the divorce.. if u didn't reply to them at all, they might send another letter.. automatically divorce will be consider after few months if u didn't reply to that letter.. so it's best let immigration know abt this first of all & later on u can claim half of his financial assets according to Australian law.. but he'll be in deep trouble, it's sure.. it's better to hire the lawyer, if u win the case, he will pay for lawyer's fees.. 1 Manage Like · Reply · 1y 5 Replies Nagendra Thaluru I'm not married Manage Like · Reply · 1y Ram Reddy get seperated.. get a job, dont think u are rejectd stuff.. move on 5 Manage Like · Reply · 1y Mishaan Magan .....what is with Indians today. Find that true love and get married for life. 2 Manage Like · Reply · 1y · Edited Ishan Ruhil Guys we need to hear story from both the sides before making our opinion and abusing him. 7 Manage Like · Reply · 1y Aman Parmar This is the first sensible comment from the top till your comment... Manage Like · Reply · 1y Aman Parmar Even some ppl suggesting to put some charges on him... Manage Like · Reply · 1y Ishan Ruhil People go crazy when a girl comes crying to them. She automatically becomes victim. 1 Manage Like · Reply · 1y Write a reply... Hęm Verma Pöôñàm He is eligible for everything. Even though he will get divorce if u don't sign the divorce application. In Australia it's possible if another person don't sign the application or contest . 2 Manage Like · Reply · 1y Hide 11 Replies Jasmeet Kaur AS I M IN INDIA ....THEY WILL NOT CONSULT WITH ME.... 1 Manage Like · Reply · 1y Jasmeet Kaur ? 1 Manage Like · Reply · 1y Saqlain Naqvi Court allows certain time, but to get out of contract, it needs both spouses formal consent. 0431138537. Manage Like · Reply · 1y · Edited Jasmeet Kaur IF ONE OF THEM IS NOT READY FOR DIVORCE ....AS I LOST MY TIME MONEY FOR HIM ....THEN ? Manage Like · Reply · 1y Saqlain Naqvi Jasmeet Kaur You can file financial claims hiring professionals. https://www.facebook.com/RealEstateSA5000 Manage Residential & Commercial Real Estate Investment, and Conveyance-RESCOM LAW 4.5 star · Commercial Real Estate Agency·Open Now Zareena Khalid, Sue Dvivedi and 1 other like this or have visited Like · Reply · 1y Hęm Verma Pöôñàm Jasmeet Kaur yes some time they do . Manage Like · Reply · 1y Jasmeet Kaur Hęm Verma Pöôñàm OK THANKS Manage Like · Reply · 1y Vee Kay the letter of divorce u got is from Indian court, isnt it ? Aus court has nothing to do with it. Manage Like · Reply · 1y Jasmeet Kaur Vee Kay I GOT IT FROM A PERTH LAWYER Manage Like · Reply · 1y Vee Kay Also if its from perth it means he s acknowledging to aus court that u both are married. In which case u can also file ur PR visa consult a good aus lawyer Jujhar Bajwa 2 Manage Like · Reply · 1y Vic Rana You r ryt Hęm Verma Pöôñàm, couple living separately for at least 12 month opposition for a divorce is very limited Manage Like · Reply · 1y Write a reply... Karan Mutreja Hi Jasmeet, hope u remember me... Manage Like · Reply · 1y Karan Mutreja My dad said that you must consult Sushma Swaraj, she is a foreign minister of india.. Pls talk to her she will definitely help you.. 2 Manage Like · Reply · 1y Ishan Ruhil Lol sushma swaraj will definitely look into this matter Manage Like · Reply · 1y Karan Mutreja whats so funny dude?? Manage Like · Reply · 1y Ayushi Punj Yes sushma swaraj will help Manage Like · Reply · 1y Write a reply... Nagendra Thaluru Hi Karan Mutreja Manage Like · Reply · 1y Karan Mutreja Hi Do I know u mate? Manage Like · Reply · 1y Nagendra Thaluru Ya I know Manage Like · Reply · 1y Karan Mutreja cant remember mate, pls remind if u can.. TIA Manage Like · Reply · 1y Write a reply... Jasmeet Kaur THANKS TO ALL ...UR ADVICESWILL HELP ME A LOT .... 3 Manage Like · Reply · 1y Vic Rana Hey sorry to hear this , obviously if one person in a relationship want to be out he/she is definitely allowed to do so .seems like you have a 4 years separation so won't be too hard for the other party to got out irrespective of where it is registered. Still you will be able to claim a few things with in the marriage act if you got the necessary paperwork.4 years separation would be more than enough for one party to be out . 1 Manage Like · Reply · 1y Saqlain Naqvi right 1 Manage Like · Reply · 1y Write a reply... Jitendra Pratap Agree to divorce n move on with life Jasmeet..no use barking at a tree 1 Manage Like · Reply · 1y Robin Ka Please contact immigration department Pls contact Australian Federal police. Manage Like · Reply · 1y Vee Kay They wont do anything. Every1 has right to divorce. Manage Like · Reply · 1y Karan AhluWalia Hi jasmeet..sry to hear but he can take divorce very easily because if u separated more than one year .he even not need u for signature. 2 Manage Like · Reply · 1y Ignatius Schultz Im got no one to Marry. :( Looking for marriage brokers if possible. 1 Manage Like · Reply · 1y Aman Parmar Gender stereotype.... 2 Manage Like · Reply · 1y Anuprabha Michael Get all your documents and evidence N go to the embassy. You can go to the Australian commission in India. If you have really given him dowry, you have to file a case. As Mr RAM Ram Swaminathan say, not false cases. If you feel this was for money that he married you, you have to get justice, he should explain his decision. Write to Sushma Swaraj. 1 Manage Like · Reply · 1y Sam Greenwald Personal Assistant & Professional Organizer Corporate, Individual or Working Network If you don't have the time, Sam's the Man! https://www.facebook.com/Assistant-Sam-228823554231216 Manage Like · Reply · 1y Shikkha Bhatia Yes u will get divorce as you both have not lived together for four years Manage Like · Reply · 1y Let's Spread Peace Work hard and prove yourself!! Show him you were much more precious!! Get a good score in English and come here!! His ass will burn like a "twa" This is life my dear friend!! There are high chances, he will escape 1 Manage Like · Reply · 1y Rajib Mondal 1. Be strong. 2. Get a lawyer and claim half of his financial assets. 3. Give him divorce and get a job. 4. If it's not easy to find someone else keep trying. 5. Stay strong. =======================================