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WA How to Apply for Divorce in Australia While We're Overseas?

Discussion in 'Family Law Forum' started by Michael83, 6 December 2015.

  1. Michael83

    Michael83 Member

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    Good day, hoping this finds you all well.

    Here comes my story:

    I got married in 2009 in Egypt and we lived together until 2014 in the United Aran Emirates. We got our PR in 2013 and decided to migrate to Australia at the end of the year which had happened and we entered Australia on 29th of December planning to stay for good. However, after 10 days my wife refused to stay and wanted to go back to Dubai till our daughter finishes her year in the school and then come back to Australia, therefore, we departed from Australia on 12 Jan 2014.

    Unfortunately that didn't happen and she escaped with my daughter to Egypt and refusing to come back to either Dubai or Australia and I haven't seen my daughter since that date although I'm trying all my best for the last two years to fix the things and be a family again with no luck,

    So here comes my question.

    How can I obtain a divorce in Australia while I'm overseas and she is overseas as well?


    Since getting the family back together now sounds impossible, I'm planning to have a second marriage and I know that can't happen while I'm still married to her. So how long does it take to get the divorce in my case?

    Finally, would it be possible to have custody of children and bring her back to Australia?

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Michael83,

    Are you an Australian Citizen or permanent resident?
     
  3. Michael83

    Michael83 Member

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    Hi Sophea,

    Well I'm a permenant resident since 2013 but I'm currently living in Dubai UAE ,and planning to re settle in Australia by mid of 2016
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Michael,

    if you were married in Egypt you need to meet one of the following pre-conditions:
    • You or your spouse are domiciled in Australia (domiciled means you regard Australia as your home and intend to live indefinitely in Australia); or
    • You or your spouse are an Australian Citizen; or
    • You or your spouse ordinarily live in Australia and have lived in Australia for at least one year immediately before applying for divorce.
    If you qualify, you can apply by lodging an application for divorce in Australia. You can likely obtain it online or by post and then have an agent file it for you in Australia. You don't necessarily need to have your wife's consent, but you will probably need to prove to the court that you have made an effort to serve her with the application.
     

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