WA Divorce from Indian Marriage in Australia

[D Patel]

Hi there,
Here is my short explanation on my situation.

I got married with a girl in India on 26 January 2015. On 22 February 2015, she came into Australia with me on visitor visa while her spouse visa application was still under process.

On 30 May 2015, she suddenly left my house and went to live with his cousin. She then sent messages to my friends on Facebook, alleging I was doing things to her which I have not even thought about as we had what I thought was a perfect relationship.

Now she is in India and lodged a police complaint against my family for harassment and dowry.

What should I do in order to get out from this situation (divorce)?

 

[Sophea]

Hi D Patel,

A lot of the matters you have referred to above will depend on the laws in India. If you wish to divorce here in Australia you can do so if:

either you or your spouse:

• consider Australia your home and intend to live here indefinitely or you are an Australian resident, or
• are an Australia citizen by grant of an Australia citizenship
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

IN order to apply for a divorce in Australia you have to have been separated for a period of 12 months. Based on what you have said, this time would likely start running from the date she left you.

You will have to give the court a copy of your Indian marriage certificate, together with an English translation and details of the translator's accreditation. You can find more details on the Family Court website.

 

[D Patel]

Thanks for your reply, Sophia

In order to file divorce in Australia, do both of us have to be here ? As she already left to India.

And do I need to let court now that I am intending to file divorce in 12 months time ?


Thanks once again.

 

[Sophea]

Hi D,

No you don't have to notify the court that you will be applying in 12 months time, you can just bring the application then. And no I don't believe your ex spouse has to be in the country, you can make an ex parte application and serve her with the documents.

You should also know, you will need to have been married at least 2 years before you can bring the application, however the 12 months separation can be within that time.

 

[D Patel]

Thanks once again, Sophea.

In my case, We have been married this January 2015. So it means I have to wait till January 2017 to file divorce?

Please let me know.

Regards

 

[Sophea]

Yes that's the law in Australia. I don't know whether its easier to obtain a divorce in India, that may also be an option for you.