Divorce Without Original Marriage Certificate?

Discussion in 'Family Law Forum' started by lucy-nsw, 5 May 2014.

  1. lucy-nsw

    lucy-nsw Member

    5 May 2014
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    My brother was married overseas and he only have a copy of the marriage certificate and a copy of the translation. Can he get a divorce without original certificate?
  2. CathL

    CathL Well-Known Member

    19 April 2014
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    Hi Lucy
    I think the answer is yes, he can get a divorce with the copy of the marriage certificate and the translation (rather than the original certificate). I think the translation requirement will be more work as there's a requirement for the translator to sign an Affidavit. See the Family Law Courts FAQ on Separation and Divorce that says:
    I married overseas – can I get a divorce in Australia?
    If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

    • regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
    • are an Australia citizen by birth or descent
    • are an Australia citizen by grant of an Australia citizenship
    • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
    You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:
    • an English translation of it, and
    • an affidavit from the translator which:
    • states his or her qualifications to translate
    • attaches a copy of the marriage certificate
    • attaches the translated marriage certificate
    • states that the translation is an accurate translation of the marriage certificate, and
    • states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.
    More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.

    Hope this helps.
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