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NSW Married and Lived in India - Get a Divorce in Australia?

Discussion in 'Family Law Forum' started by Ajay, 18 December 2015.

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  1. Ajay

    Ajay Member

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    We're Indian citizens and we married and lived in India. We would like to get a divorce in Australia.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You won't be able to get a divorce in Australia because your marriage was not domiciled here. You can apply for a divorce in Australia if either you or your spouse:
    • 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.
     
    Sophea likes this.
  3. Tim W

    Tim W Lawyer

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    You may also have to be in a marriage that is registered (or registerable) in Australia.
     

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