VIC How to Get a Divorce in Australia?

[shikha]

I am Indian citizen and I got married under Hindu Marriage Act to an Australian Citizen. Our marriage took place in India last year on 10th Feb '16.

I stayed with him in Australia for 5 months on visitor's visa.I have applied for Permanent Residency too. Due to incompatibility, we are unable to move on with this marriage.

I want to know the procedure of divorce.

 

[Rod]

Are you in Australia at the moment, and how long have you been here?

 

[shikha]

Are you in Australia at the moment, and how long have you been here?

No.

I came back to India.

 

[Rod]

Why not get a divorce in India then if you are in India?

 

[shikha]

That's what I wanna know... From where it's better to file...

 

[sammy01]

I'm assuming no kids from the marriage?

It won't matter where you file. There is no point doing any asset division with such a short marriage. So just get the divorce done where ever you can both agree. But I think in Australia there is a requirement for marriage counselling for marriages shorter than 2 years before a divorce can be granted - But I'm not exactly sure I'm right on this one

 

[Rod]

Shikha,

Did you mean file for divorce in India under Indian law versus filing from India for a divorce under Australian Law?

 

[shikha]

Yep.

As I want to know from where its better to file the case...

 

[Hayder Shkara]

If you consider Australia your home - get one in Australia.

However on face value, it sounds like you don't - so just get one in India.

 

[shikha]

My husband is an Australian citizen. And at present my PR file is in process.