Divorce in Australia if I Have Australian PR, but I'm in India?

[neha srivastav]

Hi,

I got Australian PR and i am really willing to go there asap. I have divorce case running in India which was filed by me. My husband was ready for mutual divorce but suddenly he changed his mind. Now after 2 years of separation, case is still on and infact he is not even appearing on court dates.
I need to go Australia asap, can i file divorce case there as soon as i reach to Australia ? If yes, please let me know what all are conditions.
And can i go for re-marriage is Australia? If yes, after what time can i do?

 

[Sophea]

Hi neha,

You can apply for a divorce in Australia if either you or your spouse:

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

Check out these other LawAnswers Family Law Forum threads which have some more info:

• https://www.lawanswers.com.au/threads/divorce-in-australia-for-pr-and-overseas-marriage.1311/
• https://www.lawanswers.com.au/threa...e-wedding-certificate-annulment.258/#post-897
• https://www.lawanswers.com.au/threa...-australia-from-indian-marriage.262/#post-922