Glenn Duker Solicitor

I married overseas. Can I get a divorce in Australia?

As Glenn Duker, solicitor, advises: the short answer is yes, you can. However, some conditions do apply. The Australian Family Law Courts can grant a divorce if you were married outside of Australia, however, to be eligible, at least one of the following conditions must apply:

  • You or your spouse regard Australia as your home and intend to live in Australia indefinitely.
  • One of you is an Australian citizen by birth, descent or by grant of Australian citizenship.
  • You or your spouse ordinarily live in Australia or have lived in Australia for at least 12 months immediately before applying for a divorce.

Glenn Duker

As long as either party meets one of the above conditions, the Family Court or the Federal Circuit Court of Australia will be able to hear your Divorce Application.

Other Issues to Note

While it is possible to apply for a divorce in Australia though you were married overseas, the process can be slightly trickier than applying for a divorce in the usual circumstances.

If your marriage certificate is not in English, you’ll need to have it translated. Additionally, your translator is required to file an affidavit attesting to their qualifications and that they have provided an accurate translation.

Other problems may also arise with serving the other party with your divorce application if he or she remains overseas.

If you need legal advice or require assistance with your divorce application, please get in touch with lawyer and solicitor Glenn Duker. He has years of experience to provide trusted legal advice.

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