I have been seperated from my wife for 3 years, however, we are not divorced. I have a new partner who i have been

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Customer: Hi Pearl, I have been seperated from my wife for 3 years, however, we are not divorced. I have a new partner who i have been living in a defacto relationship for 7 months now. She is Malaysian. She has trmp residency but not citizenship. Can we apply for a partnership visa as a defacto couple if I am seperated, but not divirced? Thanks ...... Paul
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps taken and no papers submitted.
JA: Family law varies by state. What state are you in?
Customer: West Australia
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. that's it.
Answered by John Melis in 1 min 1 year ago
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John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

If you haven't done financial separation yet, you should complete that with your first wife.

​Your financial separation comes under the Family Law Act 1975.

The financial separation involves four steps: valuing the asset pool, determining your contributions, and assessing your present and future needs.

On the Family Court website, you can download the balance sheet to complete the asset pool list.

You may be entitled to 70% of the entire asset pool.

When you agree on the asset pool division, the agreement used is a binding financial agreement or a consent order.

Once you have agreed on the split with your former partner, you can complete the Application for Consent. You can download that document from the forms section of the court's website.

When you have completed the documents, you can lodge them through the court's website.

Alternatively, your local lawyer will help you draft the documents.

Does this help with your question today?

Customer
Thanks John for your answer, but this does not answer my question.
Customer
the answer i need is - can i apply for a parnter visa while still married, even though i am seperated?
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John Melis, Expert

You can apply for a partner visa, but it will not be granted until you are divorced.

Customer
ok. thank you. that answers my question.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.

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