Recognition of Foreign Marriages and Same-Sex Divorces in Australia
09 March 2018
We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia.
The general rule with respect to marriages is that if a marriage is legally recognised in the foreign country, then it will be recognised in Australia, subject to the following exceptions:
If either of the parties at the time was still married to another person;
If either of the parties was not of marriageable age (18 years old) if he/she was domiciled in Australia;
If the parties are within a prohibited relationship (being an ancestor, descendent or a brother and a sister);
If there was no real consent (for example: because it was obtained by duress or fraud; because of mistaken identity; mistaken understanding of the nature of the ceremony being performed; or if a party is mentally incapable of understanding the nature and effect of the marriage ceremony)
There is no need (and it is not possible) to register a foreign marriage in Australia. In Australia, a foreign marriage certificate can be produced as evidence of the marriage and it is accepted as being legal, subject to the exceptions listed above.
As from 9 December 2017, Australia legally recognised same-sex marriage and same-sex Divorce. Same‑sex couples in Australia are covered under Australia's Family Law Act and can apply for a Divorce, regardless of when the marriage took place. The divorces of same‑sex couples who divorced outside of Australia before 9 December 2017 are also recognised in Australia.
The Family Court of Australia has jurisdiction to deal with the other issues resulting from a relationship or marriage breakdown in Australia, namely, issues regarding the parenting of children and property and financial issues. Any type of married couple (or de-facto couple) has access to rights under the Australian Family Law Act as long as there is a jurisdictional connection to Australia.
You should consult Melbourne Family Lawyers for specialist Family Law advice to find the best solution with respect to Divorce and Australian, international and same-sex Family Law issues. Please telephone us on +613 9670 9677 or click on the Make an Enquiry button on the top right of this page.
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Melbourne Family Lawyers Win International Parenting Dispute for Mother in Family Court of Australia at Melbourne
31 October 2017 -
Alison Loach, a Senior Consultant with Melbourne Family Lawyers, advised a client that she had a strong case and that she should pursue the case all the way through to a final hearing before Justice Austin in the Family Court of Australia.
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Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances.
Melbourne Family Court allows Mother and Child’s Relocation to USA
21 June 2016 -
In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda’s legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement.
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What to Expect from a Family Lawyer
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A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following.
How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate?
22 July 2013 -
The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either.
Which Family Law Court in Melbourne?
8 April 2013 -
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues.
Can I move out of Victoria without a Family Law Court Order?
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Whether you are allowed to move out of your current home to a new place depends on a number of factors.
Can I apply for a Divorce in Australia if I was married overseas?
1 February 2013 -
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply:
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So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home?
Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on!
11 April 2012 -
Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts!
Family Law Disclosure Rules
22 January 2009 -
A direct extract from Family Law Rules- Parts 13.1 and 13.2
Talk to us now for advice about your situation by phoning (+61) 03 9670 9677