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

Discussion in 'Family Law Forum' started by neha srivastav, 15 December 2014.

  1. neha srivastav

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    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?
     
  2. Sophea

    Sophea Well-Known Member

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    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:
     

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