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WA Divorce - Where to File for It?

Discussion in 'Family Law Forum' started by Derek Divall, 29 June 2015.

  1. Derek Divall

    Derek Divall Member

    29 June 2015
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    I am seeking advice on behalf of my partner. She was married in England then moved to Australia and is now a citizen. She is wanting to get divorced. I have recently gone through divorce and we are wondering if she just needs to fill out the same forms or is there a lot more involved? Can someone point us in the right direction please?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Derek,

    Are you concerned because the marriage was conducted in England? Given Australia and England are so similar in law and they easily recognise certificates and decrees from the other country, your partner can apply for her divorce here or in England. Whichever is easier.

    If she applies for the divorce decree in Australia, it will be according to Australian law. It will need to be recognised in England if she needs it recognised there in the future. Whether it is recognised or not depends on the English laws. However, I would say there is a good chance of it being automatic (or fairly automatically) recognised there.

    The opposite is true if she applies for divorce in England (i.e. she needs it recognised in Australia, which is easy to do for an English decree).

    To apply for divorce in Australia, she will need to show:
    • Her and her ex husband has been separated for at least 12 months; and
    • There is no reasonable likelihood of the relationship reconciling.
    She can apply online and she can as a sole applicant (by herself).

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