International Divorce Lawyers

Is it possible to achieve a divorce in Australia if you have an international marriage?

How to file for divorce if married in another country?

Using our family lawyers, you can easily get a divorce in Australia if you were married overseas if you meet a few simple requirements. Here is how to get a divorce is married in another country:

Step 1. Essential Residency Requirements

For an international marriage to be accepted by the courts
you must meet essential, residency and citizenship requirements, you must
either:

• Accept Australia as your home and intend to live here;
• Are an Australian citizen; or
• Ordinarily, live in Australia and have done so for at least 12 months before you file for divorce.

Step 2. Essential Australian Divorce Requirements

In order to get a divorce in Australia, you also need to meet the essential requirements of getting a divorce in Australia. This doesn’t require anything vast or extensive and can be really easily proved; you usually just have to be separated for 12 months.

Step 3. Is your overseas marriage accepted by the Australian family
courts?

It is possible and in many cases beneficial for an overseas marriage/ foreign marriage certificate to be accepted by the family courts. However, there are some frank rules the Australian family court must follow to accept an international marriage:

• the marriage must be accepted as valid in the
  country it took place in;
• if the marriage had been done in Australia it would
  be accepted as valid (i.e everything is aboveboard);
• each of the parties aren’t youth under 18 (or 16
  in some cases) and this has been verified;
• the marriage was from duress and completely
  consensual; and
• the marriage is not between incestual relations.

Our capable international divorce lawyers can guide you through the international divorce process with ease making you feel empowered and encouraged along with way.

Luke Cudmore

Is it possible to get an international divorce accepted as valid by the Australian Family Court system?

In most cases your overseas divorce will be accepted in Australia, however, it can depend on:

• whether the parties to the divorce had a sufficient
  connection to the country the divorce was granted in; and
• whether the parties were given natural justice.

However, even if the divorce is recognised you might not necessarily be prevented from or protected from a claim on the marital property.

Are Australian divorces treated equally and equitably internationally?

Each international country is vastly unique and will often have similar but unique laws and regulations. However, it is possible for Australian Divorce Decrees to be openly accepted, although it would be wise to seek legal advice in the country that you wish to accept your Australian divorce.

What if I am seeking to divorce someone who is now happily living overseas?

How to divorce a foreign spouse

The process of divorcing a foreign spouse can be made possible by serving them with divorce papers. International service requirements vary depending on the country that the person is living in so it is usually best to engage a confident service consultant to effect service on your former spouse. 

Note: if the country is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention) any certificates or affidavits confirming service or attempted service will be recognised by both Australian Family Law and International Family Law.

What to Consider for Spousal Maintenance in an International Divorce

Spousal maintenance is another critical aspect to consider in an international divorce. Various factors influence whether you are entitled to spousal maintenance or obliged to provide it. These factors typically include the financial needs and capacities of both parties, the length of the marriage, whether or not there is a child overseas or within your country, and the standard of living established during the marriage. Different countries have varying laws regarding spousal maintenance, which can further complicate international divorce proceedings. Seeking advice from a family lawyer who is well-versed in international cases is advisable to understand your obligations and rights.

Navigating Child Support Across Jurisdictions

Child support is yet another complex issue that arises in international divorces. Ensuring that adequate provision is made for the care and well-being of any children involved is paramount. Like spousal maintenance, child support laws differ greatly from one country to another. 

The amount of support, enforcement measures, and legal obligations can vary significantly. International treaties, such as the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, aim to facilitate the enforcement of child support across borders, but navigating this process can be challenging without legal assistance.