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QLD Divorce - Is Marriage in Saigon Recognised in Australia?

Discussion in 'Immigration Law Forum' started by Lyle69, 9 January 2017.

  1. Lyle69

    Lyle69 Member

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    Hi,

    I got married in Saigon 4 years ago. My wife is Vietnamese. In 2015, we were granted a permanent residency visa. We have recently separated and remain good friends. We are considering a divorce and this is where we need a little help.

    Is the marriage recognised in Australia? My wife just wants a divorce. She doesn't want anything from me. I have offered. Is there such a thing where 2 people just go their separate ways without it costing a lot of money?

    Thanks. Any help would be greatly appreciated.
     
  2. Ann Zhou

    Ann Zhou Lawyer & Registered Migration Agent

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    Generally speaking, the legally marriage taken place in Vietnam is recognised in Australia. If there is no child involved, then the divorce will not be too costing.
     
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  3. Victoria S

    Victoria S Well-Known Member

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    Hi there,

    If the marriage took place in accordance with the laws of Vietnam, then it will most probably be recognised in Australia and if you want to legally marry again then you will need to divorce. You can obtain a divorce from a foreign marriage in Australia if 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.
    Before filing for divorce you will need to be separated for 12 months to show that there has been a permanent and irretrievable break down in the relationship. You will need to provide evidence of this.

    If both parties co-operate and there is no property settlement required then the divorce will basically just be the filing fee which is currently $865 (or if you are eligible the reduced fee of $290). You can do it yourself.
     
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