Partner Visa After Divorce

A partner visa after divorce is possible, and many applicants and sponsors in Australia have been married before. What matters for a partner visa after divorce is not the fact of the earlier marriage, but whether it was legally ended before the new marriage, and whether the dates in the application tell a consistent story.

When either partner has been married before, the Department of Home Affairs looks closely at three things. First, whether the current marriage is valid for the purposes of the Migration Act 1958. Second, whether the timing of the separation, the divorce and the new relationship raises questions about whether the new relationship is genuine and exclusive. Third, whether what the couple say now matches what they said in earlier visa applications, sponsorships and forms.

This guide explains how a partner visa after divorce is assessed. It covers Australian and overseas divorces, remarrying before a divorce takes effect, the dates the Department checks, the documents to provide, previous partner visa sponsorships, a previous partner visa obtained through a former spouse, and consistency with earlier applications. For an overview of every partner visa subclass, see our complete guide to partner visas in Australia.

Can you get a partner visa after divorce?

Yes, you can get a partner visa after divorce, provided that the current relationship meets the legal definition of a married or de facto relationship and every earlier marriage has been dealt with in the way the law requires. There is no rule that a divorced person, or a person who is sponsoring after a divorce, cannot obtain or support a partner visa.

The same partner visa subclasses are available to people who have been married before as to anyone else. An applicant in Australia usually lodges the combined Subclass 820 visa and Subclass 801 application. An applicant outside Australia usually lodges the Subclass 309 visa and Subclass 100 application. An engaged couple may consider the Subclass 300 Prospective Marriage visa, which requires that there is no legal impediment to the planned marriage.

A partner visa after divorce is assessed under the same criteria as any other partner visa. The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the relationship must be genuine and continuing, and the sponsor must be approved. The difference is that a partner visa after divorce brings extra legal and factual questions to the surface. Those questions are where most problems arise.

Who this guide applies to

This guide applies where the applicant, the sponsor or both have been married before. It also applies where either partner has had a previous de facto relationship, where the sponsor has sponsored a former partner, or where the applicant or sponsor was previously granted a visa as someone else's partner. Each of those situations changes what the Department checks in a partner visa after divorce.

Why a valid marriage requires the earlier marriage to be legally ended

A marriage can only support a partner visa if it is valid for the purposes of the Migration Act 1958, and a marriage is not valid if either party was still lawfully married to someone else when it took place. This is the central legal point in every partner visa after divorce that relies on a marriage.

Section 5F of the Migration Act defines when two people are in a married relationship. One of the requirements, in paragraph 5F(2)(a), is that they are married to each other under a marriage that is valid for the purposes of the Act. Section 12 of the Act then links the validity of a marriage to the Marriage Act 1961. The Department's policy on the assessment of spouse and married relationships states that the Act generally mirrors the Marriage Act in deciding whether a marriage is recognised as valid, whether the ceremony took place in or outside Australia.

The Marriage Act rule on earlier marriages

Section 23B(1)(a) of the Marriage Act provides that a marriage is void where a party to the marriage was, at the time of the ceremony, lawfully married to some other person. Section 88D(2)(a) applies the same rule to marriages that took place overseas: a foreign marriage is not recognised in Australia if a party was, at the time of the ceremony, lawfully married to some other person.

In plain terms, a person who is still legally married cannot validly marry again. Separation is not enough. A religious or community ceremony that ends a marriage is not always enough. The earlier marriage must have been dissolved by a divorce that is effective and recognised in Australia, or ended by the death of the former spouse, before the new marriage takes place.

The new marriage and the earlier divorce must be in the right order

For a partner visa after divorce based on marriage, the order of events is critical. The earlier divorce must have taken effect before the date of the new marriage. A divorce that takes effect one day after the new wedding does not fix the new marriage. The Department's policy states that a marriage which took place before an earlier marriage ended is not a valid marriage under the Act, even if it later becomes the only marriage, and that the later ending of the first marriage does not change that position.

Divorce is not needed to end a relationship, but it is needed to remarry

The same policy explains that a couple do not need to divorce to show that their spousal relationship has ended. For the purposes of the Migration Act, a former spousal relationship has ended once the parties are living separately and apart on a permanent basis. The divorce becomes important for a different reason: a later marriage can only be valid if the earlier divorce is effective and recognised. This distinction explains why some people in the middle of a divorce can still apply as de facto partners, but cannot yet apply as spouses.

When the former spouse has died

Where an earlier marriage ended because the former spouse died, there is no divorce, and the earlier marriage ended on the date of death. The death certificate of the former spouse takes the place of the divorce document. The new marriage is valid only if it took place after that date. The same dating exercise applies as in any other partner visa after divorce, and the death certificate should be translated if it is not in English.

Married or de facto: which basis for a partner visa after divorce?

A partner visa after divorce can be based on a marriage or on a de facto relationship, and the correct basis depends on whether the current marriage is valid and, if there is no valid marriage, whether the couple meet the de facto requirements. Choosing the wrong basis is a common and avoidable error.

If every earlier marriage of both partners was legally ended before the current marriage, and the current marriage meets the Marriage Act rules, the couple can generally apply as spouses. If the current marriage is not valid, or the couple are not yet married because a divorce is still pending, the application may need to be based on a de facto relationship. The Department's policy states that a relationship which cannot meet the married relationship requirements is to be assessed against the de facto definition.

The de facto basis has its own requirements, including the 12-month requirement unless the relationship is registered in an Australian state or territory or another exception applies. Some couples meet both definitions, and in that case the application should be made on the basis that is legally sound and best supported by evidence. Our Subclass 820 partner visa guide and our 820 visa requirements guide explain the requirements that apply to both married and de facto applicants. Same-sex couples are assessed on the same terms, and our page on the LGBTI partner visa covers the issues that sometimes arise in those applications.

When an Australian divorce takes effect

An Australian divorce does not take effect on the day the court makes the divorce order. The Department's policy states that, generally, a divorce order is finalised one month and one day after it is granted, and that a court can make an order bringing that date forward in special circumstances, or extending it where an appeal is possible.

In Australia, a marriage may be legally ended only by a divorce order under the Family Law Act 1975. The divorce order is made by the Federal Circuit and Family Court of Australia. The parties then receive a document showing the date the divorce order took effect. For a partner visa after divorce, the date that matters is the date the divorce took effect, not the date of the hearing or the date the order was made.

Why a few weeks can decide a partner visa after divorce

Couples sometimes book a wedding soon after a divorce hearing, believing the divorce is final. If the wedding takes place before the divorce order takes effect, the person was still lawfully married at the time of the ceremony. The new marriage is void under section 23B(1)(a) of the Marriage Act, and it cannot be relied on as a valid marriage for a partner visa after divorce.

The marriage certificate will still look like an ordinary marriage certificate. The problem only becomes visible when the Department compares the date on the marriage certificate with the date the divorce took effect. That comparison is one of the first checks a decision maker makes in a partner visa after divorce.

What happens if you remarried before the divorce took effect

If the new marriage took place before the earlier divorce took effect, the marriage is not valid for the Migration Act, but the relationship may still be assessed as a de facto relationship. The Department's policy states that if a marriage is not recognised because the section 5F requirements cannot be met, the relationship is to be assessed against the de facto relationship definition in section 5CB. Our guide to the de facto partner visa and the 12-month rule explains how a de facto relationship is assessed, including the 12-month requirement and its exceptions.

Overseas divorces and recognition in Australia

An overseas divorce is recognised in Australia if it was effected in accordance with the law of the country where it was granted and, in general terms, at least one party had a specified connection with that country when the divorce proceedings began. This rule comes from section 104 of the Family Law Act 1975, and it is summarised in the Department's policy on spouse and married relationships.

Under the policy, the connections that can support recognition include that either party was domiciled in that country when the divorce proceedings began, or that the respondent to the proceedings was a national of that country at that time. Subsection 104(3) of the Family Law Act sets out the full list of circumstances in which an overseas divorce is recognised. Many divorces granted in the applicant's or sponsor's home country meet these tests without difficulty.

Overseas divorces that attract questions

The Department's policy identifies two situations in which the validity of a foreign divorce most often comes into question. The first is where one or both parties travelled to a country for a short visit in order to obtain a divorce. The second is where the divorce was granted outside Australia only in accordance with customary or religious practices. In either situation, the Department may seek further advice before accepting that the earlier marriage was legally ended. A partner visa after divorce that relies on this kind of divorce needs careful preparation and evidence of how the divorce was obtained.

When a divorce is recognised in one country but not the other

A divorce can be effective in Australia but not recognised in the home country, or the other way around. For example, an Australian divorce may not be registered in the country where the original marriage took place, so the civil records in that country still show the person as married. When a couple then marries in that country, the local marriage records may contain different dates, or the couple may register the marriage more than once.

In Kandel (Migration) [2024] AATA 160, a Subclass 309 matter recorded in our database of decisions remitted by the Tribunal, the reported issues included the sponsor's visits to Nepal, an Australian divorce that was not recognised in Nepal, and different registered marriage dates. Matters of this kind show why a partner visa after divorce must explain, with documents, how the divorce and the marriage were recorded in each country.

Where our partner visa after divorce clients are located

My Migration Lawyers acts for applicants and sponsors in a partner visa after divorce throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. Where the couple lives does not change the law on divorce and remarriage. The dates and the documents do.

The dates the Department checks in a partner visa after divorce

In a partner visa after divorce, the Department checks four dates in particular: the date the earlier relationship ended by separation, the date the divorce took effect, the date the new relationship started, and the date of the new marriage. Each date must be supported by evidence, and the dates must fit together.

These dates appear in many places. They appear in the application forms, the sponsorship, the relationship statement, Form 80 if it is requested, the divorce documents, the marriage certificate, and the applicant's and sponsor's earlier visa applications. A decision maker assessing a partner visa after divorce will often lay them out in a single timeline.

The separation date

The separation date is the date the earlier relationship ended in practice, when the former spouses began living separately and apart on a permanent basis. It is not always the same as the date one person moved out. Some separated couples continue living under the same roof for a time, for financial reasons or for their children. Where that happened, the application should explain it clearly, because a later relationship that began while the parties still shared a home will attract questions.

The divorce date

The divorce date is the date the divorce took effect. For an Australian divorce, that date appears on the divorce documents issued by the court. For an overseas divorce, the date and the authority that granted it appear on the foreign divorce certificate or decree. The divorce date must come before the date of the new marriage.

The start of the new relationship

The start of the new relationship is the date the applicant and sponsor say their relationship began, and the date they began living together if that is different. These dates are central to whether a de facto relationship meets the 12-month requirement. Our article on whether you really need 12 months of de facto relationship explains how that period is assessed. For a partner visa after divorce, the start date is also compared with the separation date to see whether the relationships overlapped.

The marriage date

The marriage date is the date of the ceremony shown on the marriage certificate. In a partner visa after divorce based on marriage, the marriage date is compared with the divorce date of each earlier marriage of both partners. If the marriage was registered more than once, or registered in more than one country with different dates, the application must explain why.

Why overlapping relationships raise genuineness concerns

Overlapping relationships raise genuineness concerns because a married or de facto relationship requires a mutual commitment to a shared life to the exclusion of all others. When the new relationship appears to have started before the earlier one ended, the decision maker will ask whether the new relationship was exclusive, and when it truly began.

An overlap is not automatically fatal. Real lives are not always tidy. A marriage may have ended in practice long before the formal divorce. A couple may have met while one of them was separated but not yet divorced. What the Department looks for in a partner visa after divorce is a credible, consistent and documented account of when each relationship ended and when the new one began.

How the four aspects of the relationship are used

The Department assesses whether a relationship is genuine and continuing by reference to four aspects: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment. In a partner visa after divorce, the evidence on each aspect should show when the new relationship began and how it developed. Joint finances, a shared address, friends and family who know the couple, and the couple's plans for the future all help establish a clear start date. Our guide to partner visa relationship evidence explains what the Department looks for in each aspect, and our guide to preparing evidence of a genuine relationship explains how couples keep it in good order.

Earlier relationships that ended recently

A partner visa after divorce where the earlier marriage ended recently, and the new relationship began soon afterwards, is likely to be examined closely. That does not mean the application will be refused. It means the evidence should deal with the timing directly, rather than leaving the decision maker to draw conclusions from the dates. The relationship statement is the natural place to explain how and when the earlier relationship ended and how the new relationship began.

Children from earlier marriages

Many couples in a partner visa after divorce have children from earlier relationships. Shared care of those children, contact arrangements with former spouses, and the way the new household supports the children can all be relevant evidence of the nature of the household and the nature of the commitment. Where a child of an earlier marriage is included in the application, the custody and consent position must also be documented.

Separated but not yet divorced at lodgement

Yes, a person who is separated but not yet divorced can generally be part of a partner visa application, but the application usually has to be based on a de facto relationship rather than a marriage, because the person cannot validly remarry until the divorce has taken effect. This is one of the most common situations in a partner visa after divorce.

The Department's policy states that the parties to a former spousal relationship need only be living separately and apart on a permanent basis for that relationship to have ended. A person who is permanently separated, but whose divorce has not yet been finalised, may therefore be in a de facto relationship with a new partner. The de facto relationship must meet the requirements of section 5CB of the Migration Act, including the 12-month requirement or one of its exceptions.

Choosing between waiting and lodging

Some couples decide to wait for the divorce, marry, and then lodge a partner visa after divorce as spouses. Others lodge earlier as de facto partners. The right choice depends on how long the couple have lived together, whether the relationship can be registered in an Australian state or territory, where the applicant is, and what visa the applicant holds. An applicant in Australia whose visa is about to expire may not be able to wait. An applicant who is overseas may have more flexibility. Our article on tourist visa to partner visa in Australia explains the visa checks that apply to visitors.

Marrying after lodgement

A couple who lodge as de facto partners can marry after lodgement once the divorce has taken effect. The change in relationship status should be notified to the Department, generally through Form 1022. Our article on Form 1022 change of circumstances explains when that form is needed. The marriage certificate and the divorce documents should then be provided, so the Department can see that the marriage took place after the divorce took effect.

Divorce documents and translations for a partner visa after divorce

A partner visa after divorce should include the documents that prove each earlier marriage was legally ended: for an Australian divorce, the court document showing the date the divorce took effect, and for an overseas divorce, the divorce certificate or decree issued by the relevant authority. These documents should be provided for every earlier marriage of both the applicant and the sponsor.

Where a former spouse has died, the death certificate of the former spouse is the relevant document instead. Where the divorce was granted overseas, documents showing how it was obtained, by which court or authority, and on what date it became effective can help establish that it is recognised under the Family Law Act.

Translations

Documents that are not in English must be accompanied by an English translation. For applications made in Australia, the Department generally requires translations by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI). The translation must be complete, including stamps, seals and any notes on the document. A partial translation of a divorce decree can leave out exactly the detail that matters, such as the date the decree became final.

Documents the firm obtains rather than the client

Applicants and sponsors are not expected to produce old visa grant notices or copies of earlier applications that they no longer hold. Where the visa or sponsorship history matters to a partner visa after divorce, My Migration Lawyers obtains it from the applicant's records, VEVO and Department records, including through a freedom of information request where that is appropriate. Our partner visa document checklist and our 820 partner visa evidence checklist list the core documents for every partner visa.

Disclosing previous relationships in a partner visa after divorce

Every partner visa application asks the applicant and the sponsor about previous marriages and relationships, and both must answer completely and accurately. Leaving out a previous marriage, a previous de facto relationship, or a previous sponsorship is one of the most serious mistakes that can be made in a partner visa after divorce.

The applicant's and sponsor's forms ask for details of earlier relationships, including the former partner's name, the dates the relationship began and ended, and how it ended. The Department can compare those answers with its own records, including earlier visa applications in which either person was included as someone's spouse or de facto partner. If the Department requests Form 80, the personal particulars form, it also asks for relationship history and must be consistent with the other forms. Our guide to completing Form 80 without errors explains that form.

The relationship statement

There is one relationship statement, which is the applicant's and the sponsor's own account of their relationship. In a partner visa after divorce, it should explain briefly when and how each earlier relationship ended, then how the new relationship began and developed. The couple writes it in their own words, reviews it and corrects it, and My Migration Lawyers presents it in the form the law requires. Our guide to the partner visa relationship statement explains its structure.

Lodging the application and responding to requests

A partner visa after divorce is lodged online in ImmiAccount, and the sponsor completes the sponsorship as part of the process. Our step-by-step guide on how to create an ImmiAccount explains the account set-up. Where My Migration Lawyers acts, the firm is appointed through Form 956, and our article on Form 956 and 956A explains how the appointment works.

During processing, the Department may ask for more information about an earlier marriage, such as a clearer copy of a divorce decree, evidence that an overseas divorce was registered, or an explanation of a gap between the separation date and the divorce date. These requests usually come through a section 56 request. Our article on responding to a section 56 request explains how to answer one. The answer in a partner visa after divorce should be consistent with everything already lodged.

Form 888 supporting statements

Form 888 supporting statements from Australian citizens or permanent residents who know the couple can help confirm when the new relationship became known to family and friends. A Form 888 supporting statement is not a statutory declaration. Our articles on Form 888 for a partner visa and on Form 888 example answers and common mistakes explain who can give one and what it should cover.

Previous partner visa sponsorships and the sponsorship limitation

A sponsor who has previously sponsored a partner, or who was themselves granted a visa as a partner, may be affected by the sponsorship limitation in regulation 1.20J of the Migration Regulations 1994. This often arises in a partner visa after divorce, because the earlier marriage may have involved a partner visa.

The Department's policy summarises the limitation in three parts. A person may enter into at most two approved partner or prospective marriage sponsorships. A person who has sponsored a partner generally cannot have another partner sponsorship approved until at least five years after the earlier visa application was made. A person who was themselves sponsored as a partner generally cannot sponsor a partner until at least five years after their own visa application was made. The limitation can be waived where there are compelling circumstances affecting the sponsor, such as a dependent child of the new relationship or a longstanding new relationship.

Our page on partner visa sponsorship limitations and our article on when a sponsor cannot sponsor a partner visa explain how the limitation and the waiver operate. The point for a partner visa after divorce is simple: the sponsor's previous partner sponsorships, and the sponsor's own partner visa history, must be identified before the sponsorship is lodged.

The sponsorship limitation and the applicant's own history

The sponsorship limitation is assessed against the sponsor, not the applicant. The Department's policy gives the example of an applicant who was previously granted a Prospective Marriage visa, did not marry that sponsor, and later married someone else: that earlier sponsorship does not count against the new sponsor. The applicant's own earlier partner visa history is still relevant to a partner visa after divorce, but for a different reason, which is explained in the next section.

The two stages of a partner visa after divorce

A partner visa after divorce follows the same two-stage process as any other partner visa: a temporary visa first, then a permanent visa after a further assessment. For the onshore application, the temporary Subclass 820 visa is assessed first, and eligibility for the permanent Subclass 801 visa is generally assessed about two years after the combined application was lodged.

The earlier divorce does not need to be proved again at the permanent stage if it was properly documented at the first stage. However, the Department again asks whether the relationship is genuine and continuing, and any new information about a former spouse, such as renewed contact, shared property or a reconciliation, can become relevant. Our Subclass 820 vs Subclass 801 guide and our explainer on the Subclass 820 visa explain both stages.

A previous partner visa obtained through a former spouse

When an applicant or sponsor previously obtained a partner visa through a former spouse, the Department is likely to look at whether that earlier relationship was genuine, when it ended, and how it relates to the new relationship. A partner visa after divorce in this situation is not prohibited, but it attracts scrutiny.

Two situations are common. The first is a sponsor who came to Australia on a partner visa sponsored by a former spouse, later separated and divorced, and now wants to sponsor a new partner. The sponsorship limitation discussed above applies to that sponsor. The second is an applicant who previously held, or applied for, a partner visa through a different sponsor, and who is now applying again with a new partner.

What the Department looks at

In both situations, the Department may compare the dates of the earlier relationship with the dates of the new relationship. If the new relationship appears to have started while the earlier partner visa was still being processed, or while the earlier relationship was said to be genuine and continuing, questions can arise about what was said in the earlier application. Questions can also arise about whether the earlier relationship was genuine at all. Those questions are often raised in a section 57 natural justice letter, and our article on responding to a section 57 natural justice letter explains how to respond.

Earlier relationships that ended because of family violence

Where an earlier partner visa was granted after the earlier relationship ended because of family violence, the circumstances should be explained carefully and with sensitivity. The Department's policy on the integrity criterion encourages decision makers to take a family violence informed approach where family violence claims are involved. Our page on the family violence provisions for partner visas explains those provisions.

Consistency with earlier visa applications that stated marital status

Every earlier visa application asked about marital status, and the Department can compare those answers with what is said in a partner visa after divorce. If an earlier application stated that a person was single, married, separated or divorced, and that statement was not correct at the time, the inconsistency can raise questions under public interest criterion 4020.

Public interest criterion 4020 is the integrity criterion in Schedule 4 to the Migration Regulations 1994. In general terms, it allows a visa to be refused if the applicant has given a bogus document, or information that is false or misleading in a material particular, in relation to the current application or in relation to a visa the applicant held in the 12 months before the current application was made. The Department's policy states that information is false or misleading in a material particular if it was false or misleading when given and is relevant to any of the criteria considered when making a decision.

How marital status inconsistencies arise

Marital status inconsistencies are common and often innocent. A person who had separated but not yet divorced may have ticked "married" or "separated" on a visitor visa application. A person whose overseas divorce was not yet registered may have ticked "divorced" before the paperwork was complete. A person may have described a de facto partner as a "friend". The Department's policy lists, as triggers for further investigation, claims that are inconsistent with claims previously made by the applicant or the sponsor.

Dealing with an inconsistency before lodgement

Where an earlier application contains a marital status answer that does not match the true position, it is generally better to identify it and explain it in the partner visa after divorce than to leave the Department to discover it. The explanation should be accurate and supported by documents. Under the policy, the Department must also consider whether there are compelling or compassionate circumstances in deciding whether to waive the requirement in some cases. Our page on visa refusals explains what happens if an application is refused on integrity grounds.

What the Tribunal has looked at in partner visa after divorce cases

The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, has considered many partner visa matters involving divorce, earlier marriages and marital status in earlier applications. The decisions below are drawn from our database of partner visa decisions that were remitted to the Department or set aside, and each is described only by the issues recorded for it.

• TRUONG (Migration) [2024] AATA 680, a Subclass 820 matter: false or misleading information in a material particular, a previous visitor visa application, marital status, and parties who were separated but still living together.
• Pham (Migration) [2021] AATA 4350, a Subclass 820 matter: false or misleading information in a previous visitor visa application, where the applicant answered "married" but was separated at the time and later divorced, together with credible witness evidence.
• Kandel (Migration) [2024] AATA 160, a Subclass 309 matter: a genuine and continuing spousal relationship, the sponsor's visits to Nepal, an Australian divorce that was not recognised in Nepal, and different registered marriage dates.
• Najem (Migration) [2026] ARTA 575, a Subclass 309 matter: a genuine and continuing relationship where the couple married in their home country before the divorce of the sponsor's first marriage was finalised, and the relationship was assessed as a de facto relationship, including the nature of the commitment.
• Doan (Migration) [2024] AATA 57, a Subclass 820 matter: the progression of the relationship among other marriages and divorces, whether the parties were validly married, and the financial, household and social aspects of the relationship and the nature of the commitment.

Each matter was decided on its own facts. Together they show the issues that recur in a partner visa after divorce: the validity of the marriage, the order of the divorce and the remarriage, recognition of divorces across countries, and marital status answers in earlier applications. Our article on what to expect in an ART review after a visa refusal explains how the Tribunal process works.

If a partner visa after divorce is refused

If a partner visa after divorce is refused, the refusal decision will state the reasons, and the applicant may be able to seek review at the Administrative Review Tribunal. The deadline for review is short and strictly applied, and the Tribunal cannot accept a late application, so the refusal should be reviewed by a lawyer as soon as it arrives.

Refusals in a partner visa after divorce commonly turn on the validity of the marriage, the genuineness of the relationship given the timing of the earlier separation, or public interest criterion 4020. Where the marriage is not valid, the Tribunal may consider whether the relationship meets the de facto definition instead. Our page on partner visa refusals, our article on partner visa refusal appeal options, our analysis of why Subclass 820 partner visas are refused and our article on why partner visas get refused explain the issues. An applicant in Australia should also consider how a refusal affects further applications, which our article on applying for a partner visa after a visa refusal explains.

If the new relationship ends during processing

If the new relationship ends before the partner visa is decided, the Department must be told, and the application will generally be refused unless a special provision applies, such as family violence by the sponsor. Our article on what happens to a Subclass 820 application if the relationship breaks down explains the position.

Choosing who acts on a partner visa after divorce

A partner visa after divorce is a legal matter as much as an evidence matter, because the validity of the marriage depends on the Marriage Act, the Family Law Act and section 5F of the Migration Act. Our article on when you need an immigration lawyer for a partner visa and our guide to the partner visa lawyer vs doing it yourself question explain when professional help is worth considering. Our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences.

Couples who have already lodged their own application can read our guide to hiring an immigration lawyer after lodging your own application, and couples who have received conflicting advice can read about getting a second opinion from an immigration lawyer. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide.

How My Migration Lawyers handles a partner visa after divorce

My Migration Lawyers deals with complex partner visa matters and acts in many applications where the applicant, the sponsor or both have been married before. The firm is capable of handling a partner visa after divorce involving Australian and overseas divorces, remarriage, earlier partner visa sponsorships and marital status questions in earlier applications, and it resolves the legal questions about the marriage before the relationship evidence is assembled.

In practice, the firm's work on a partner visa after divorce includes:

• Building a timeline of every earlier marriage and relationship of both partners, with the separation date, the date each divorce took effect, the start of the new relationship and the marriage date, and checking that the order of events supports a valid marriage.
• Reviewing each Australian divorce document and each overseas divorce certificate or decree, and assessing whether an overseas divorce is likely to be recognised under the Family Law Act.
• Advising whether the application should be made on the basis of marriage or a de facto relationship, including where a person is separated but not yet divorced or where a marriage took place before an earlier divorce took effect.
• Obtaining the applicant's and sponsor's visa and sponsorship history from VEVO and Department records, including through freedom of information requests where appropriate, so earlier marital status answers and earlier sponsorships are known before lodgement.
• Assessing the sponsorship limitation where the sponsor has sponsored a former partner or was granted a partner visa through a former spouse, and preparing a compelling circumstances submission where the facts support one.
• Identifying any inconsistency with earlier applications and presenting an accurate explanation, supported by documents, rather than leaving it for the Department to find.
• Reviewing the relationship statement, Form 888 supporting statements and certified translations, and managing section 56 requests, natural justice letters and Form 1022 notifications through to the decision.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about the onshore application is on our Subclass 820 visa page, and more about the firm is on our about page. Consultations are conducted by video, wherever the couple lives.

If you or your partner have been married before and want to know whether your marriage is valid for a partner visa after divorce, or whether your dates and earlier applications create a risk that should be dealt with first, book a consultation online or call 1300 040 300.