Foreigners Marrying in Australia - What Happens if We Divorce?

[Evis]

A simple question please:

I intend to marry my girlfriend in Australia next year as part of a holiday. I am a Cyprus (EU) national and my future bride has a Russian nationality. Currently we both live in China, but we may move to Cyprus after some years. We have no ties to Australia other than the proposed holiday/marriage early next year.

If we get married Australia and the worst happens and we get separated, where would divorce proceedings need to be initiated? Under Cyprus law, property that is held before marriage is protected going into the marriage. What is the implication if we are marrying in Australia?

Would Australian Family Law about divorce be applied to a couple who are foreigners and don’t live in Australia?

Would a prenuptial agreement safeguard my assets in Cyprus?

Many thanks

 

[Sophea]

You can only get a divorce in Australia if you:

• regard Australia as your home and intend to live in Australia indefinitely, or
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

Court ordered property settlements are not automatic upon divorce in Australia. You must apply separately if you cannot agree on a property settlement between you.

Generally you can obtain a divorce for a foreign marriage in your own country if your marriage is recognised as valid there, and their own laws regarding property settlement would apply.

 

[Jess82]

In most cases, simply getting married in Australia does not automatically mean Australian family law would apply if you later separated.

Divorce jurisdiction is generally based on where you live or are ordinarily resident at the time of separation, not where the marriage took place. If neither of you lives in Australia and you have no ongoing connection here, divorce proceedings would usually be initiated in the country where one or both of you reside at separation (for example Cyprus or another country you are living in at the time).

Australian family law typically only applies if at least one party is an Australian citizen, permanent resident, or has a sufficient connection to Australia. Marrying in Australia alone does not usually create that connection.

Property treatment is also governed by the law of the country with jurisdiction over the divorce, so Australian law would not automatically affect assets held in Cyprus if Australia does not have jurisdiction.

A properly drafted prenuptial agreement can help protect pre-marriage assets, but it must comply with the laws of the country that ultimately has jurisdiction. It is important to obtain advice that considers international enforceability.

This provides a helpful overview of international family law and jurisdiction issues