Married overseas; can I divorce in Australia?
With the ease of international travel, it seems the world is getting smaller all the time. So it is that many clients we see, who are living in Australia, have been married overseas. When it comes to divorce, what do they need to do?
If you were married overseas, you are entitled to apply for a divorce in Australia. That’s provided you satisfy at least one of the following grounds for the application to proceed. Specifically:
- That you regard Australia as your home and you intend to live indefinitely in Australia;
- You are an Australian citizen by birth or descent;
- You are an Australian citizen by grant of Australian citizenship; or
- You have ordinarily lived in Australia and have done so for 12 months, prior to filing the divorce application.
If you have been granted Australian citizenship, you should file with your divorce application a supporting document. This can be either a copy of your Australian passport or other proof of citizenship.
If your marriage certificate is not in English, it will also be necessary to file a translation of the marriage certificate. The person who translated the certificate, will need to sign an affidavit setting out their qualifications and attach to the affidavit both a copy of the original marriage certificate and a copy of the translation.
If you need assistance applying for a divorce, we will we able to assist you with this. Call us on (07) 3221 4300 or book a fixed-fee initial appointment by filling out our form.