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VIC Divorce in India or Australia?

Discussion in 'Other/General Law Forum' started by Tirth, 21 June 2015.

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  1. Tirth

    Tirth Member

    21 June 2015
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    My sister got married in India. At time of marriage, both were Indian citizens then migrated to Australia. After some years they got Australian citizenship. Now my sister in facing problems with her husband, and she wants a divorce.

    Does she has to apply in India? or in Australia?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Tirth,

    She can likely choose to get a divorce in either India (because she was married there) or in Australia since she is a citizen.

    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 this post on the same subject: WA - Divorce in Australia for PR and Overseas Marriage | Legal Aid Forums
  3. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Tirth,

    You can get a divorce in either India or Australia.

    If you get a divorce decree in one country, it will then need to be recognised (and enforceable) in the second country for your divorce to be recognised in both India and Australia.

    Having a divorce decree from India recognised in Australia is fairly straight forward. However, having India recognise a divorce decree from Australia may not be. You will need to speak with an Indian lawyer (either located in Australia or India) about this. My understanding of Indian law is that since the marriage was conducted in India, Indian courts will likely recognise a dispute arising under that marriage (including divorce) to be within the sole jurisdiction of Indian courts. Further, a divorce decree may not be valid if it does not satisfy the Indian Civil Procedure Code. Again, check with a foreign lawyer about this.

    See: "Divorce from Indian Marriage while in Australia"

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