VIC Divorce of overseas married couple in Victoria, Australia

[pri9510]

Hi all

Background

I and my husband got our PR in Feb 2017. I was the main applicant. We got married in India in 2010 and moved to Australia in 2012 on student visa and now we are Permanent Residents.

My concern:
The situation between my husband and I has gone really bad. Things were not really fine from last couple of years and I lost my dad last year. I never thought of leaving my husband even after so many ups and downs. But from last few months things have gone from bad to worse and he left the home in April 2017 (3-4 weeks ago). Although I am emotionally drained but after all the discussions, the conclusion is we can't live together anymore and will be moving forward for divorce.
Please note, I am well aware of the divorce procedure, that a couple needs to be separated for 12 months and 1 day prior to the divorce application.

My question is:

1. When should the actual separation period be started?
2. Our marriage is completely genuine and it was a grand wedding with the presence of over 500 guests with pictures and videos etc. My question is if there will be any legal issues or concerns about starting separation period straight after getting PR?
3. While getting divorce next year, does that have to be validated in Indian court too?
4. What are the consequences on the visa status for both of us?

I know I have a lot of questions but I would really appreciate if you could guide me in the right direction.

Thanks
pri

 

[Rod]

1. Most likely when he left home. But it depends on other factors as well such as whether you think that was permanent or temporary. Need to be separated for 12 months, you can apply on the day following the ending of the 12 month separation period.
2. Can't help - I know nothing about Immigration law.
3. Not for divorce purposes in Australia. I have no idea what affect a divorce in Australia means in Indian law.
4. See 2.