We Married Overseas – Can We Get Divorced In Australia?

by Resolve Conflict on November 5, 2019

We Married Overseas - Can We Get Divorced In Australia_ - Resolve Conflict Family LawyersGoing through separation and a divorce can be an extremely overwhelming experience made even more so when you feel like your case is more complex than other couples.

Couples who married overseas are often worried about how they can obtain a divorce in Australia. Below we discuss the eligibility and jurisdiction criteria you need to meet to obtain a divorce in Australia.

Firstly, to apply for divorce in Australia you need to meet the following requirements:

  • Your marriage has broken down irreversibly
  • You have been separated from your spouse for a minimum of 12 months and 1 day
  • If you have children under 18 years of age, their welfare has been properly arranged.

Secondly, if you were married overseas, you or your spouse need to meet one of the following jurisdiction requirements:

  • Regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
  • Are an Australia citizen by birth or descent
  • Are an Australia citizen by grant of an Australia citizenship
  • Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator. The affidavit must set out their qualifications to translate and attach a copy of the original marriage certificate and the translated marriage certificate.

Related Article: Post-Divorce Checklist

What if my spouse is overseas and I can’t service them the Divorce Application?

If you have taken all reasonable steps to serve the divorce application to your spouse with no prevail, you are able to apply to the Court for a substituted service or dispensation of service.

Please keep in mind that if your spouse lives overseas you need to allow for at least 42 days before the court hearing.

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

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