Can I apply for a Divorce in Australia if I was married overseas?
01 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:
You or your spouse are domiciled in Australia (domiciled means you regard Australia as your home and intend to live indefinitely in Australia); or
You or your spouse are an Australian Citizen; or
You or your spouse ordinarily live in Australia and have lived in Australia for at least one year immediately before applying for divorce
As long as one of the above conditions is satisfied, then the Family Court of Australia or the Federal Magistrates Court will be able to hear your Divorce Application. So, for example, let’s say the following applies:
you are a citizen of the United Kingdom and were married five years ago to an Australian Citizen in the USA
you separated two years ago and you went to live in New Zealand
your spouse now lives in India
Under those particular circumstances, because your spouse is an Australian Citizen, you are entitled to apply for a Divorce in Australia even though you are not an Australian citizen and were not married in Australia. Of course, to be granted a Divorce by the Australian Court, you must satisfy the usual requirements of the marriage having broken down irretrievably, be separated for at least 12 months, and, satisfy the Court that proper arrangements have been made for any children of the marriage.
So even if you live outside of Melbourne or Victoria, we may be able to apply for a Divorce on your behalf without you needing to come to Melbourne.
What do I do if we can’t agree on parenting arrangements for the children?
3 April 2019 -
The Family Law Act states that each parent has parental responsibility for their child up until the age of 18 years. This is the case whether you are still together as a family or separated.
Should I change Family Lawyers in my Family Law Court Case?
18 January 2019 -
Are you having doubts about whether you are being well-represented in your Family Law dispute?
Separation and Divorce for Retirees
31 July 2018 -
Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship!
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
12 April 2018 -
If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other.
Recognition of Foreign Marriages and Same-Sex Divorces in Australia
9 March 2018 -
We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia.
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.
Can I apply for a Divorce if I am no longer living in Australia?
5 October 2016 -
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.
The Best Family Law Advice from Melbourne Family Lawyers
20 July 2015 -
At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
When should I apply for a Divorce?
22 April 2015 -
A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year.
Beware of Family Lawyers offering Free Initial Consultations
26 November 2014 -
Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that?
Why Mediation can be better than going to Court
25 August 2014 -
Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an “out of court settlement” can be achieved even in difficult, complex or emotionally charged cases.
Winning International Child Custody Cases
8 May 2014 -
At Melbourne Family Lawyers, we like to win the Court Cases which cannot be settled out of Court! This year we have had great success in running (and winning) two cases in the Federal Circuit Court involving young mothers wanting to return to their overseas country of origin with their young children. These cases needed to be decided by a Judge as the children’s parents could not come to an agreement as to with whom, or where, the child should live.
What to Expect from a Family Lawyer
8 November 2013 -
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.
How long does it take to get a Divorce in Melbourne?
1 April 2013 -
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are:
Can I move out of Victoria without a Family Law Court Order?
1 March 2013 -
Whether you are allowed to move out of your current home to a new place depends on a number of factors.
Finding the Best Family Law Firm in Melbourne
15 January 2013 -
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