A fake marriage in Australia—also known as a sham or fraudulent marriage—is when a couple enters into a marriage for reasons other than a genuine relationship, often to gain a visa or financial benefit.
While it may seem like an easy way to secure residency, it is considered fraud and carries serious legal consequences under family law and immigration regulations.
If you are considering such an arrangement or have been approached about one, understanding the risks is important.
What is a Fake Marriage in Australia?
A fake marriage occurs when two people enter into a marriage for deceptive purposes, commonly to obtain an Australian visa.
Unlike genuine relationships, these marriages lack emotional commitment or shared responsibilities. The Department of Home Affairs actively investigates such cases, using interviews, document checks, and even social media analysis to detect fraud.
Key Takeaway: Fake marriages are illegal in Australia, and authorities have strict measures to detect and penalise fraudulent arrangements.
Legal Consequences of a Fake Marriage
If you are caught engaging in a fake marriage, you may face serious legal repercussions, including:
- Visa Refusal or Cancellation – If a fraudulent marriage is discovered, the visa application will be refused or an existing visa may be cancelled. This can result in deportation and difficulties applying for future visas.
- Fines and Imprisonment – Under Australian law, marriage fraud can lead to up to 10 years in prison and/or substantial fines.
- Permanent Ban on Re-entry – If you are removed from Australia due to a fake marriage, you may be banned from re-entering the country for an extended period.
- Sponsorship Restrictions – If you were involved in a fake marriage as a sponsor, you may be barred from sponsoring another partner for a visa in the future.
Key Takeaway: The legal penalties for fake marriages are severe, including visa refusal, deportation, and potential criminal charges.
Need a Lawyer?
Immigration Fraud Investigations and How You May Be Monitored
The Australian government uses various methods to detect sham marriages, including:
- Interviews and Questioning – Immigration officers may ask personal questions about your relationship to verify its legitimacy.
- Document Verification – Authorities check shared financial accounts, lease agreements, and other documents to confirm whether a couple is genuinely living together.
- Social Media Monitoring – If your online activity contradicts your claims, it may raise suspicion.
- Witness Statements – Friends, family, and colleagues may be interviewed to confirm the authenticity of your relationship.
If an investigation suggests marriage fraud, the authorities may take action, even years after the visa was granted.
Key Takeaway: The government actively investigates marriages suspected to be fake, using interviews, document checks, and digital monitoring.
Fake Marriage vs. Forced Marriage: Understanding the Difference
While fake marriages are arranged for visa or financial benefits, forced marriages involve coercion, threats, or deception.
If you or someone you know is being forced into marriage against their will, help is available. The Australian Government considers forced marriage a serious crime under modern slavery laws and provides support services for victims.
Key Takeaway: A fake marriage is a deliberate fraud, while a forced marriage involves coercion. If you are in a forced marriage situation, seek help immediately.
Impact on Victims and Vulnerable Individuals
Some people, particularly vulnerable women and migrants, may be pressured into fraudulent marriages. This can lead to financial exploitation, emotional distress, and even abuse.
In some cases, victims are lured into fake marriages by individuals promising visa security or financial stability, only to be abandoned once their usefulness is over.
If you find yourself in a situation where you feel pressured into a marriage for immigration reasons, seek legal or community support. Organisations provide confidential assistance to those at risk.
Key Takeaway: Fake marriages can have serious consequences for vulnerable individuals, leading to financial, legal, and emotional hardship. Support is available for those in need.
What to Do If You Are Involved in a Fake Marriage
If you are already involved in a sham marriage, there are ways to handle the situation:
- Seek Legal Advice – Consulting an immigration lawyer can help you understand your rights and potential consequences.
- Consider Voluntary Visa Withdrawal – If you are on a visa obtained through fraud, withdrawing it voluntarily may prevent harsher penalties.
- Cooperate with Authorities – If you are under investigation, being honest may help reduce legal consequences.
Key Takeaway: If you are in a fake marriage, legal guidance can help you navigate the situation and avoid further complications.
A fake marriage in Australia is not worth the risk. The consequences, including visa refusal, criminal charges, and bans on future entry, can have long-term effects on your life.
If you are considering marriage for immigration purposes, ensure it is based on a genuine relationship, as authorities take visa fraud seriously. If you are in a forced or fraudulent marriage and need help, seek support from legal professionals or government services.
Warning Signs That a Relationship May Be Viewed as Fake
If you’re in a relationship that involves migration or visa sponsorship, you might worry about how authorities will judge its legitimacy.
While genuine couples shouldn’t have anything to fear, it’s still helpful to understand how certain behaviours may raise red flags.
Warning signs include:
- Living apart without a strong reason
- Inconsistent answers during immigration interviews
- A short relationship history before marriage
- Limited knowledge of each other’s family, work, or daily life
You don’t need to change your lifestyle to fit a mould, but being aware of these patterns can help you prepare if you’re asked to prove the authenticity of your relationship.
If you have doubts or concerns, consulting a solicitor who practices family law in Dandenong can help you understand your legal position.
Are There Legal Protections if You Entered the Marriage in Good Faith?
Yes, the law does take your intentions into account. If you can show that you entered the marriage in good faith—believing the relationship to be genuine—it can make a significant difference in your legal outcome.
You may need to provide documentation, testimonies, or any other evidence that supports your position.
Even if your partner’s motives turn out to be questionable, your actions and intent still matter.
Legal professionals working in family law Dandenong often help clients gather the right type of evidence and present it in a way that reflects the reality of the relationship.
Can Family Law Apply to Fake Marriages?
Even if a marriage is later declared invalid or fraudulent for immigration purposes, family law can still apply, particularly when it comes to property settlement, parenting orders, or domestic violence matters.
You may still be entitled to legal remedies or protections.
If you’ve invested time, finances, or emotional labour into a relationship that didn’t turn out to be what you thought, you’re not alone.
A family law Dandenong practitioner can help you understand what steps to take next, whether that’s seeking a separation agreement, applying for spousal maintenance, or simply getting legal advice before making any decisions.
Being caught up in a relationship that’s questioned by authorities can be distressing, especially when you’ve acted honestly and with the best intentions.
Understanding the legal implications and seeking timely advice from a family law Dandenong expert can give you clarity and peace of mind. Whether you’re applying for a visa, navigating a separation, or facing accusations, you’re entitled to support and guidance every step of the way.