VIC Consequences of Divorce from Overseas Marriage?

[Mike Love]

Long story short,

A family member got married in Canada to a Canadian girl. They moved to Australia. After 15 months, she left him a note asking for a divorce and flew back to Canada.

The marriage was never certified in Australia. They have no kids and no assets, other than living cash. She sent him a letter from Canada asking for alimony and divorce costs. He ignored the letter as he was pretty upset and also changed his phone number.

He has no fixed address as he is between his parent's house, where they both lived, and overseas as a FIFO worker. She did make other attempts to contact him through friends and family which he ignored.

He now received a letter from Canada summoning him to court, which he received after the court date (they allowed two weeks for postage) and now she is holding him responsible for all divorce costs and court costs.

Considering she made reasonable attempts to contact him - it may not go his way. But what are his options? What if he continues to ignore her? How can she enforce payments from overseas? Can she give him a credit default from Canada?

Any other consequences to consider?

 

[Scruff]

No knowledge on this one whatsoever here, but I do see one thing you might be able to clarify for others, just to be clear...

They moved to Australia. After 15 months she left him ...

Is that 15 months after they got married in Canada, or 15 months after they moved to Australia? Don't know if it matters, but it might.

 

[Mike Love]

They got married in Canada, shortly after that they moved to Australia to live. Then stayed here for about 15 months before she left.

 

[Tim W]

Australia and Canada have a deal where judgements in one can be given effect in the other.
In the first instance, your relative needs the advice of an Australian lawyer with experience in multi-jurisdictional Family Law. That advice will determine if he will, or won't, also need to instruct a lawyer in Canada.

Your relative is entitled to feel everything he's feeling.
But, glib as it sounds, he needs to adult-up and sort this out.

 

[Mike Love]

Excellent advice Tim W.
That's what we are telling him.
The costs are only a couple of thousand, but further to that, she took $40K out of his Canadian bank account and $15K from his Aussie account.
So it may be beneficial for him to have his day in court.
He was served the court papers via mail - not sure if that's legit anyway?

 

[Tim W]

He was served the court papers via mail - not sure if that's legit anyway?

Can be. There's a thing (in Australia) called a Substitute Service Order.
Canada will have something similar.
In any event, he wants to look respectful of the Canadian courts,
because hostility and contempt will not work in his favour.
So he should conduct himself as though he is bound by it.

 

[Rob Legat - SBPL]

I'd add: especially if he is a Canadian citizen, or has permanent residency status (and wants to use it).