QLD Divorce Between Countries - What to Do?

[Natasha]

My ex and I have been separated and living in different countries (I'm in Australia and he's in New Zealand) since 2002. I have spoken to Legal Aid and they say that I cannot divorce without his consent.

What do I need to do to get divorced? I know no one back there that will go to serve him papers. I do have his address. Our children are now adults and the property we had together is long gone and spent on drugs so I have no desire to bring that into it.

I just want to be able to move on and marry my partner and be a complete family with our children.
Is this going to cost me a small fortune to do?

Thanks for your help,

 

[sammy01]

It will cost a small fortune - yes... But not a huge one...
You will likely need to find a professional document serving company in NZ
THis website is a good start.
How do I serve court documents? - Family Court of Australia
I reckon 2-3K at a solicitor will sort this for you.

 

[Tremaine]

You don’t need your ex’s consent to get a divorce.

For how to apply, see this link: Divorce - Family Court of Australia

For how to serve the application on your ex, see this link: How do I serve a divorce? - Federal Circuit Court of Australia

 

[Atticus]

I agree with Tremaine...

Legal aid has given you bad information if they said you MUST have the other parties consent. As long as YOU are a citizen or have been residing here for the minimum requirement of 12 mths prior to filing..

A process server in NZ shouldn't be too costly.. Just keep in mind that being an overseas jurisdiction, it must be served a minimum of 42 days prior to court date..