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VIC Divorce - Possible to Register in Australia if Married in Nepal?

Discussion in 'Family Law Forum' started by Binita, 22 January 2016.

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  1. Binita

    Binita Member

    22 January 2016
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    I'm from Nepal and currently living in Melbourne with a Permanent Residency. My ex-husband and I registered our marriage in Nepal and filed our divorce here and we were granted divorce almost a year ago.

    Now if I have to register my second marriage in Nepal, do I have to show them my proof of divorce? And if I remarried back in my hometown, can I register it in Australia as married to this new person ( both of us are Permanent Residents)?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    As to whether or not you would need to show proof of divorce in Nepal - that depends on Nepalese requirements, not Australian law. You will need to contact the closest embassy, consulate or local representative of the country where you plan to marry, for information about that country’s legal requirements for marriage. However, I think it is most likely that you will need to provide proof of your divorce to them. Some countries require a document as evidence that a person is free to marry, called a single status certificate - this is issued by the Registry of Births, Deaths and Marriages

    An overseas marriage cannot be "registered" in Australia per se, however, it will be recognised as valid in Australia if:
    • the marriage is recognised as valid under the law of the country where the marriage took place
    • the marriage is between a man and a woman
    • both bride and groom are at least 18 years of age, and
    • neither bride nor groom is married to any other person at the time of marriage.
    If you were married again in Nepal and then wish to have it recognised in Australia, you need to ensure your marriage is registered in Nepal and obtain documents as evidence of the event such as any official, commemorative or keepsake documents you receive at the time of your ceremony.
  3. Manish

    Manish Member

    18 April 2016
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    Hi Binita,

    I pretty much have the same situation as you went through. Could you possibly help me how and where you processed your divorce in Melbourne?

    Any ideas or suggestion would be greatly appreciated .

    Thank you.

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