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Same-sex/Gay Marriage


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#1 Frankly my Dear

Posted 19 November 2012 - 01:31 PM

If a man & man get married (or woman and woman  wink.gif ) in a city/country where gay marraige is legal then say move to an area/country where it is not, does the new place recognize the marriage??

For example, say a couple that lived in and got married in Norway, then decided to move to AUS, would we recognize their marriage?

Or another example, an australian moves to norway for a number of years and gets married to a norweigian then they decide to move back to Aus, would the partner be able to come here on a spouse visa????

Edited by Frankly my Dear, 19 November 2012 - 01:32 PM.


#2 tothebeach

Posted 19 November 2012 - 01:35 PM

QUOTE
an australian moves to norway for a number of years and gets married to a norweigian then they decide to move back to Aus, would the partner be able to come here on a spouse visa

My understanding is that same sex spousal visas are available to Australia, provided you can show that you are in a committed relationship.   Same as for hetrosexual defacto couples.

#3 kahm

Posted 19 November 2012 - 01:37 PM

Well, from my understanding (and there are those who know much more about it than me):

1) No, Aus doesn't recognise legal SS marriages from other jurisdictions.  We can thank Jim 'bottom of the barrel' Wallace for that one - the ACL lobbied former PM John Howard to change the Marriage Act to stipulate that 'marriage in Australia is between a man and a woman'.  The law also states that that phrase must be said at all marriage ceremonies, just to rub people's noses in it.  That's why DP and I haven't got married yet, we don't want to until everyone can, or at least until we don't have to have that sh*te said in public.

2) While Aus doesn't recognise SS marriages, it does allow 'interdependent' visas, which is essentially a partner visa for people who aren't, or can't be, married in Australia.

Clear as mud?

#4 la di dah

Posted 19 November 2012 - 01:39 PM

QUOTE (Frankly my Dear @ 19/11/2012, 02:31 PM) <{POST_SNAPBACK}>
If a man & man get married (or woman and woman  wink.gif ) in a city/country where gay marraige is legal then say move to an area/country where it is not, does the new place recognize the marriage??

For example, say a couple that lived in and got married in Norway, then decided to move to AUS, would we recognize their marriage?

Or another example, an australian moves to norway for a number of years and gets married to a norweigian then they decide to move back to Aus, would the partner be able to come here on a spouse visa????


No, they wouldn't. The best the married-in-Norway Aussie and his husband could hope for would be a case for a de facto visa, and then only if they had been living together long enough.

If my husband were a woman, I would not have been able to get my visa, because while I qualified for the Prospective Spousal visa  (i.e. intent to be married... we were not even married yet) I did not qualify for the de facto one, because I had always lived in the States and he had always lived in Oz and we only visited each other. If we had gotten married in Vermont (a state where it is legal) but were both men or both women, Australia would not have recognized it and even married would have had less rights than we did as UNMARRIED heteros.

#5 Frankly my Dear

Posted 19 November 2012 - 06:14 PM

Okay, I didn't think Aus recognised it. Sad isn't it?



#6 Illiterati

Posted 19 November 2012 - 07:00 PM

Is it sad tht Australia does not recognise other laws from other jurisdictions? For example, polygamy, female circumcision, children marrying old men and so on and so forth. I believe in same sex marriage but saying something is sad because it is recognised and allowed for individuals in one country but not when they move to another isn't a great argument.

#7 Frankly my Dear

Posted 19 November 2012 - 07:39 PM

Fair point, but I more meant just sad that we don't allow SS marriage.



#8 Luvmy4ferals

Posted 19 November 2012 - 07:59 PM

I have gay friends who live in America. One works across the border of a different state. They are married legally in the state they live in but it is not recognised where the person works so it makes taxes very difficult for them.
Apparently their tax is worked out in the state they work not live & it is different state by state.

Yes it is sad that same sex marriage is not allowed




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