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Foreign Marriage Australian Divorce
A couple who have married overseas are able to obtain a divorce from the Federal Magistrates Court or the Family Court of Australia if:
o The marriage is valid according to the law of that country.
o At least one of the couple is:
o An Australian citizen, or
o An Australian resident, or
o Regards Australia as their home and intends to live in Australia indefinitely
You will need to provide the Court with a copy of your marriage certificate. If the certificate is not in English you must provide an English translation provided by a qualified translator, and, an Affidavit of the translator.
The only ground for divorce in Australia is that the marriage has irretrievably broken down. Proof that the marriage has ended and does not have a chance of being repaired is that the parties have been separated for a minimum of 12 months.
If you and your spouse have children, before granting a divorce the Court must be satisfied that adequate arrangements have been made for their care and welfare.
If you have been married for less then 2 years the Court will require you to attend counselling before they grant a divorce.
The granting of a divorce does not deal with any issues relating to parenting, child support, property or spousal maintenance. You will need to come to an arrangement yourselves, or failing agreement, seek court orders. If you require Court orders for spousal maintenance you must apply within 12 months of the granting of your divorce.
Kaylene Errington is a solicitor at Fox & Staniland Lawyers, Pymble
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