International Divorce

Deciding to get a Divorce is a very personal and sometimes stressful process at the best of times.

If you are planning on filing for divorce and you and your spouse live overseas or you are married to a person who is living abroad, there are several things you need to consider.

You will need to satisfy the court that you and your spouse have lived separately and apart for at least 12 months. In addition, there must be no reasonable likelihood of resuming married life. It is important to note that it is possible to live together in the same home and still be separated.

Looking for information about Separation or Divorce?

Is your marriage recognised in Australia?

Checking if your marriage is recognised in Australia is a fairly straight forward process for couples married in Australia. You will either already have a copy of your marriage certificate or you can request one from the registry of births, deaths and marriages in the state in which the ceremony occurred.

An overseas marriage cannot be registered in Australia. However, the foreign marriage certificate will be evidence that the marriage occurred. If your marriage certificate is not in English you will need to have it translated into English by a registered translator.

An overseas marriage will generally be recognised in Australia:

  • If the marriage is recognised as valid under the law of the country where the marriage took place.
  • Providing the marriage would have been recognised as valid under Australian law had it taken place in Australia.

What are the criteria for applying for a divorce in Australia if either you or your spouse is living overseas?

You can apply for a divorce in Australia if either you or your spouse:

  • Regard Australia as your home and intend to live in Australia indefinitely
  • Are an Australian citizen by birth, descent or by grant of Australian citizenship
  • Ordinarily live in Australia and have done so for 12 months before filing for divorce.
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If your Divorce is granted overseas, will it be recognized in Australia?

A foreign divorce will be recognised as being valid in Australia if, at the date of the divorce, one or both spouses had a sufficient connection with the foreign jurisdiction (for example, if they were resident for one year prior to the date of issue, domicile or nationality).

A foreign divorce may be refused recognition if it is contrary to public policy or if a party to the marriage had been denied natural justice (for example, if one of the parties had no notice of the hearing).

If you are considering or you believe your spouse may apply for divorce overseas you will need to seek advice about the implications for doing so and whether the divorce will be recognised in Australia.

What about de-facto and same sex relationships?

Australian law makes provision for situations where a de facto or same-sex relationship has broken down. Until the law is changed, same sex marriage in a foreign jurisdiction will not be recognised as a ‘marriage’ in Australia.

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  • Post Separation Assets

Post Separation Assets

5 October 2021|

Post separation assets The date of separation, and therefore, the timing of a contribution to an asset made post-separation by one party, can be very relevant. A ‘post-separation contribution’ is a contribution made ...

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Frequently Asked Questions

Yes, either you or your ex-partner can apply for divorce separately or you can make a joint application. The only drawback is that you will have to pay the full filing fee unless you have a Health Care Card.

In short the answer is yes. If you choose to oppose the Application, you must file and serve a Response to Divorce Application with the court. the most common objection to a divorce is the actual date of separation.

If you reconcile with your spouse for less than 3 months it will not affect your ability to file for divorce. However, the period of reconciliation must be added to the period of separation so that it adds up to at least 12 months.

The timing varies depending on the caseload of the court however the usual time is less than three months from the date of filing. If you have children under the age of 18 years, the court will also want to know that proper arrangements have been made for the care and welfare of the children before granting the divorce.

If it is less than two years since the date of marriage there is a requirement that you and your spouse attend counselling to show that you have considered reconciliation before filing for divorce.

What our clients say…

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

Really happy with their service. Thank you.

Teodor

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

What our clients say…

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

Really happy with their service. Thank you.

Teodor

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

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