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WA Family Law - How to Get American Divorce Registered in Australia?

Discussion in 'Family Law Forum' started by legalcourt1, 22 November 2015.

  1. legalcourt1

    legalcourt1 Member

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    We got married in Australia 2011. We have one child, born in 2011. The American Court decided the divorce and granted her full custody of children in the USA, ordering me to pay $400 per month (which I don't pay because she doesn't ask for it).
    Anyways, now I want to register a court decree in Australia.What is the procedure under Family Law?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi legalcourt1

    For most purposes, it is not necessary to formally register your divorce for the purposes of informing Australian authorities of your unmarried status. You would simply produce your American divorce papers when / if a situation arises where you need to prove your relationship status and in most cases, this will simply be recognised as an Australian divorce would be.
     
  3. legalcourt1

    legalcourt1 Member

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    Does that mean I can legally marry again in Australia without registering divorce decree in Australian courts?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Correct. You will need to provide the divorce decree to the celebrant so they can affirm your are legally able to marry as part of the notice of intention to marry that must be filed prior to the marriage taking place. It is not necessary to register the decree with the court, though.
     

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