All Around the World: Will Australia recognise my orders from overseas and how will Australia treat foreign assets as part of my property settlement?

Whether you are in the process of negotiating a property settlement or parenting orders, or already have property or parenting orders, it is important to consider whether your orders will be recognised and enforceable in all potentially relevant jurisdictions.

This article gives a brief overview of important things to consider when it comes to entering into a property settlement with your spouse where there are assets overseas; the recognition and enforceability of parenting orders and child maintenance; and the recognition and treatment of overseas decrees, such as marriages and divorces in Australia.

Property

If you are entering into consent orders that provide for how foreign property is to be dealt with, it is often prudent to obtain advice from a family lawyer practising in all jurisdictions where the property is located.

Complexity can arise when you hold assets in multiple countries. There may be strategic advantages to filing in one country over the other. The process for finalising your property settlement might be more efficient, cost-effective, or likely to have a more favourable outcome in a particular jurisdiction.

It is important to ensure that any settlement is enforceable in each jurisdiction, which can often be dealt with by obtaining “mirror orders” in each country. While Australian orders can address how overseas assets are to be dealt with, they may not be enforceable in another country.

Registration of Parenting Orders

Overseas child orders are defined by section 4 of the Family Law Act 1975. Sections 70G to 70L of the Family Law Act 1975 provide for registration of overseas orders in Australia.

The Family Law Regulations 1984 contain a list of countries under Schedule 1A with which Australia has agreements to register foreign parenting orders in Australia. You can apply to register parenting orders in Australia pursuant to Regulation 23 of the Family Law Regulations 1984 by sending the required documentation to the Secretary of the Attorney-General’s Department. If the Secretary is satisfied that documents meet the requirements, then they must send them to the Registrar of the Court to register the Order.

Alternatively, parties may make an application for consent orders in Australia, to do away with the need of registering any overseas orders.

The transmission of Australian parenting orders to overseas jurisdictions is briefly acknowledged in sections 70M and 70N of the Family Law Act 1975.

Child Maintenance

It is important to check whether there are agreements in place between jurisdictions and to seek legal advice about enforcement and registration if you are looking to apply for child support or enter into a Binding Child Support Agreement. Australia has agreements with countries such as the United States and New Zealand when it comes to the enforcement of child maintenance/support orders.

The agreement for enforcement between the United States and Australia is noted under section 111AB of the Family Law Act 1975. The Agreement between the Government of the United States of America and the Government of Australia for the enforcement of Maintenance (Support) Obligations came into force on 12 December 2002 and provides for the enforcement of court orders and administrative assessments, such as child support assessments, as well as a framework for information sharing between central authorities being the Child Support Registrar (Australia) and the Office of Child Support Enforcement in the Department of Health and Human Services (United States).

New Zealand and Australia have an agreement to enforce child support payments whereby the country in which the party who is assessed to make a payment resides is responsible for collection. In Australia, that is either the Registrar or Services Australia, and in New Zealand, it is the responsibility of New Zealand Inland Revenue.

Divorce

Section 104 of the Family Law Act 1975 deals with the recognition and treatment of overseas decrees such as marriages, annulment and divorce in Australia. Section 104 lays out the criteria that must be met for a foreign marriage/order to be recognised as valid in Australia. This criteria includes that at the date of instituting proceedings which resulted in the divorce, annulment or separation:

1.    The Respondent was ordinarily resident overseas or;

2.    The applicant was ordinarily resident overseas for at least 12 months before making an application;

3.    The parties last cohabitated overseas; or

4.    Either or both parties were domiciled or citizens from overseas countries.

If you or someone you know is dealing with a family law matter that has international considerations, our specialist family lawyers at Robinson + McGuinness can provide you with assistance. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email info@rmfamilylaw.com.au, or get started now online.

Important changes to Divorce Applications

On 10 June 2025, amendments were made to the Family Law Act 1975 (Cth).  Many of the changes have been directed to increasing the safety of children and families, particularly where family violence impacts that family, and to improve the efficiency of the Court system.

Prior to the amendments coming into effect, couples married for less than two years seeking to divorce were required to attend counselling and provide a certificate to the Court.  This requirement has been removed.  Accordingly, you are now able to apply for a divorce once you have been separated for at least 12 months, without the need to attend counselling regardless of the length of your marriage. 

Another change includes the need for attendance at a divorce hearing.  Prior to 10 June 2025, a sole applicant to a divorce application was required to appear at a divorce hearing where the parties had children under the age of 18 years.  With recent changes to the legislation, a sole applicant is no longer required to appear at the divorce hearing as long as the respondent does not request to attend the hearing.

The Court filing fees for a divorce – whether a sole or joint application – are now uniform.  As at 1 July 2025, for an application for divorce, the filing fee is now $1,125.  Where you are eligible for a reduced fee (i.e. if you can demonstrate financial hardship or hold certain Government concession cards), the filing fee will be $375.

Importantly, the following has not changed with respect to divorce proceedings:

1. Australia has a ‘no fault’ divorce system.  This means you can apply for a divorce as long as at least one of you is of the view that your marriage has irretrievably broken down.  You must state that there is no reasonable chance that you and your former spouse will reconcile. 

2. You do not require mutual consent to separate.  Separation occurs if you have communicated to your former spouse that you regard the relationship as over and you do not wish to reconcile.

3. You can be separated under the one roof, or where you are living separately.  Where you have been separated under the one roof, you will need to provide the Court with further information to establish the ‘change’ to your relationship by way of affidavits in support of your divorce application. This includes information about changes to sleeping arrangements and routines, division of finances, care of children, outward appearance to social circles etc.
   If filing for a joint application, both parties to the marriage will need to file an affidavit. If filing for a sole application, the party making the application will need to ask someone to file an affidavit in support of their application in addition to their own affidavit. Your support person will need to provide as much information as they can about the separation including any direct observations about you and your partner living separate lives and any conversations that you have had about your separation. It is important they provide this evidence independently of you and your partner.

4. An application for divorce is separate to your property settlement.  You can commence the property settlement process prior to making an application for divorce.  Once your divorce has been granted, you have 12 months to commence proceedings in relation to financial matters or lodge an application for consent orders.

5. You can make arrangements for any children prior to any application for divorce.  Again, this is separate to an application for divorce.  If you have children under 18, you will be required to detail any arrangements for them in your divorce application.

If you are considering applying for a divorce or if you have recently separated, you should consider seeking independent legal advice from a family lawyer.  Our lawyers here at Robinson + McGuinness Family Law can provide you with tailored advice about divorce, parenting arrangements and property settlements. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email info@rmfamilylaw.com.au, or get started now online.

Did getting a divorce just get simpler?

There have been some recent amendments made to the Family Law Act 1975 which affect the process for getting a divorce and arguably may make what is likely a hard process, a little easier.

Do you need marriage counselling?

Prior to 10 June 2025, parties who had been married for less than two years could not apply for a divorce without first attempting marriage counselling and obtaining a counselling certificate. The purpose behind this requirement was to encourage parties who have only recently married to work on their relationship and reconsider whether it was time for the marriage to come to an end, a somewhat optimistic inclusion in the Family Law Act. Despite the optimism, most of the time, when you know, you know and there may be little to no utility in marriage counselling.

From 10 June 2025, the Court no longer requires parties who have been married for less than two years to attend marriage counselling. Now, regardless of the length of the marriage, a party to a marriage may apply for a divorce without needing to go to marriage counselling, provided they have been separated for 12 months and one day.

Divorce hearings

Previously, the requirement to attend a divorce hearing depended on the circumstances of the parties/party seeking a divorce. Most of the time, parties did not have to attend a divorce hearing, including:

1. If parties were filing a joint Application for Divorce; or

2. If a party was filing a sole Application for Divorce and there were no children under 18.

However, if a party filed a sole Application for Divorce and there were children under 18, the Applicant would be required to attend the Divorce Hearing before a Registrar of the Court and speak to their Application for Divorce, including whether appropriate arrangements had been made for any children of the relationship.

From 10 June 2025, parties are generally no longer required to attend a Divorce Hearing, regardless of whether there are children under the age of 18 or the Application was made by one party alone. There are exceptions to this, including that the Court may require parties to attend a Divorce Hearing if it is not satisfied that there are appropriate arrangements in place for the care of the children or if one or both of the parties have requested to attend the Divorce Hearing.

Important things to remember about divorce:

1. A party to a marriage cannot apply for a divorce until 12 months and one day after the date of separation. This means that if you separated on 3 April 2025, you are not eligible to apply for a divorce until 4 April 2026;

2. Divorce is separate to your property settlement. Divorce is simply the process of becoming un-married. It does not deal with the division of your property pool or the care arrangements for your children. Divorce does however trigger a 12 month time limit within which parties have to make an application to the Court to formalise their property settlement. This means that if your divorce order became final on 7 July 2025, you have until 8 July 2026 to make an application to the Court seeking orders in relation to property matters.
   Applications in relation to the care arrangements for children under 18 years of age can be made at any time after separation (including any time after divorce). 

3. You do not have to do it alone. If you are considering a divorce and would like some advice, please get in touch with us.