Married Overseas but Obtaining a Divorce in Australia

We understand that divorce is a very personal and stressful process at the best of times. In Australia, divorce is largely process driven but it is important that you follow the right procedure.

It is important to note that Australia has a ‘no fault divorce’ system, which means that it is one of the simplest jurisdictions in the world to obtain a divorce. You can apply in Australia for a divorce if you were married overseas if you can satisfy the court that you live permanently in Australia and that you have lived separately and apart from your spouse for at least 12 months with no reasonable chance that you will get back together. It is possible to live together in the same home and still be separated.

Eligibility
You can get a divorce in Australia if you are married overseas provided that:

• You or your spouse is an Australian citizen (by birth, descent, or grant of Australian citizenship)
• You or your spouse live in Australia or have lived in Australia for the past immediate 12 months before applying for your divorce
• You regard Australia as your home and intend to live here indefinitely

If you meet one of the above three criteria, then you can apply for divorce through the court. You will need to be able to provide proof, however, of your circumstances.

What if My Marriage Certificate is not in English?
You must file your Marriage Certificate in court and it must be translated into English. The English translator must file an Affidavit:

• Swearing that they have the qualifications to translate; and
• that the translation is accurate; and
• the attached copy of the marriage certificate is a true copy

What if My Spouse is Living Overseas and I Cannot Serve Them the Divorce Application?
You must take all reasonable steps to serve the Divorce Application to your spouse. You can apply to the Court for substituted service or dispensation of service if you are having difficulty serving the Application. In order to apply, you will need to complete an application in a case and an affidavit.

Keep in mind that if your spouse lives overseas, after serving them the Divorce Application, you need to allow for at least 42 days before the court hearing.

It does not matter whether you are married or in a de facto relationship, separation and divorce can be distressing and emotionally challenging. Straits Lawyer are here to help you understand the legal process of property settlement, how to serve divorce papers, and sorting out the custody of your children. We are now offering online services in both English and Chinese.

Simply purchase our online services via this link: https://straits-lawyers.square.site/product/binding-financial-agreement-consultation-bfa-/5?cs=true

Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to find out more.

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Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.