It can be difficult to navigate the complexities of an international marriage or divorce for foreigners or residents of Australia. If you’ve been married overseas and are considering a divorce in Australia, this blog may shed light on the process for you.
Are Overseas Marriages Valid in Australia?
The key question many face is the validity of overseas marriages in Australia. The good news is that Australia generally acknowledges marriages conducted abroad, as long as they were legal in the country of marriage and would be considered legal under Australian laws. This means if you legally married in Paris or Beijing, it holds the same validity as if you married in a city of Australia like Sydney.
Residency and Jurisdiction: The Gateway to Divorce proceedings in Australia
The primary prerequisite for filing for divorce in Australia is not the location of the marriage, but the parties' residency status, which requires:
Either spouse must consider Australia as their home and intend to live here indefinitely, or
Be an Australian citizen (by birth decent, or grant of citizenship), or
Live in Australia and have done so for 12 months immediately before filling the Application for divorce.
Grounds for Divorce: Irretrievable Breakdown of Marriage
The only ground for divorce is that the marriage has irretrievably broken down and there is no reasonable chance that you will get back together. To apply for a divorce, you must have been separated for a continuous period of at least 12 months. The period can include time living under one roof, but additional evidence is required in such cases. The 12 months starts from the day one or both parties ends the marriage.
It does not matter who was ‘at fault’ or whether both parties want a divorce.
Legal Maze of international Divorce: More Than just Dissolving a Marriage
While the process of applying for a divorce is usually relatively straightforward, it isn’t the only thing you should be thinking about if you are a separating. You may also need to consider addressing property division, parenting arrangements, and possibly spousal maintenance. These aspects can be particularly intricate when international marriages or relationships are concerned.
Seek Legal Advice
At Robinson + McGuinness we have experienced family lawyers that can guide you through the process of separation and divorce, offering fixed-fee divorce applications. We aim to protect your rights and interests, offering a supportive and knowledgeable guiding hand through this challenging time.
Please contact us to make an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.
Author: Charlotte Wei