LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Married Abroad - Go Through Divorce Process Twice?

Discussion in 'Family Law Forum' started by User35, 30 July 2016.

  1. User35

    User35 Member

    Joined:
    30 August 2015
    Messages:
    2
    Likes Received:
    0
    I got married abroad. Later on, I sponsored my wife to come to Australia. She is a permanent resident here now. If we decide to divorce and if I get the divorce from the country where we got married, do I still have to go through the process here? Things like property settlement and everything? We don't have kids and the marriage is only 4 years.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    No. If you are legally divorced in the country that you were married in then that is sufficient for Australian purposes. You just show the foreign divorce papers when necessary to show your status.
     
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,715
    Likes Received:
    402
    That said, if you are domiciled ("based") in Australia,
    (such as if you are PRs), then you don't get to divorce overseas
    if the effect of doing that would be to try and evade
    your Family Law and (if you have children) Child Support obligations in Australia,
    which, going by your other post in here, is what you are really asking.
     
  4. Matthew Lynch

    Matthew Lynch Lawyer

    Joined:
    18 July 2016
    Messages:
    84
    Likes Received:
    7
    A property settlement application can be made within 12 months after a divorce order is made (in Australia or otherwise). Whether you were divorced overseas or divorced in Australia your ex can apply for property settlement here.
     
    Tim W likes this.

Share This Page

Loading...