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QLD Married for 3 Years - How to File for Divorce?

Discussion in 'Family Law Forum' started by Satish kumar, 11 March 2016.

  1. Satish kumar

    Satish kumar Member

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    Hello
    I'm a New Zealand citizen and my wife is an Indian citizen. We've been married for 3 years in India. She has been living here for the last 1.4 years. I'm paying all her expenses, health insurance, airline tickets, rent, etc., but she just living her life doing whatever she likes.

    I don't feel the marriage in our relationship. She doesn't want a divorce, but I am fed up and want a divorce. She is draining me financially. I got all bank statements to prove the expenses.

    What to do under Family Law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sorry, where are you and the wife each living? Australia or New Zealand or India?
     
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  3. Satish kumar

    Satish kumar Member

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    She's been in Australia for the last 14 months. We are both in Australia.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, so you have to meet one of the following requirements to divorce in Australia:
    • 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.
    You also need to have been separated from your spouse for a period of 12 months. If you meet these requirements, you can file for divorce through the Family Court, by filing the appropriate application and serving your former spouse with the application.

    Australia works on a no fault basis, so the court just needs to be satisfied that the relationship has broken down irreparably which is accomplished through the mandatory 12-month separation period.

    You can apply as a sole applicant at a higher cost, or you can apply jointly with your spouse which is cheaper.
     
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