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NSW Married in Home Country - Divorce and Property Settlement in Australia?

Discussion in 'Family Law Forum' started by zena, 26 May 2016.

  1. zena

    zena Active Member

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    Hi.

    My husband and I were married in our home country then we came to Australia as immigrats 20 years ago. Now we are getting a divorce. Our marriage contract is foreign and we do not have an Australian marriage contract.

    Does the Australian Family law apply to us as to property settlement?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Australian family law doesn't impose obligations on parties when they are divorcing, it only really imposes obligations on the Court when the parties can't agree and ask the Court to decide for them. As such, a property settlement can be anything you and the other party agree to, but it's not mandatory and it's not mandatory to involve the court.

    While you may have been married abroad, it's highly likely that your marriage will be considered valid in Australia, and your status as citizens or residents will mean that if one of you wants to pursue a property settlement through the Court, they will be at liberty to do so.
     
  3. zena

    zena Active Member

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    Thank you for your reply.

    Just to make it clear that my husband divorced me in my home country court and is now submitting that divorce contract to the Australian government. In this case, can I take him to court for a settlement with this divorce contract that is certified from the Australian embassy in home country? Does the Australian divorce law apply to us? Will I be able to gain assets from him?
     
  4. Tim W

    Tim W Lawyer

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    Your husband is clearly trying to evade his obligations to you under Australian law.
    I strongly suggest that you engage a lawyer who works in the field of family law,
    and who can assist you with the overseas aspects as well.
     
  5. AllForHer

    AllForHer Well-Known Member

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    I agree with the above. You need a lawyer for this. Generally speaking, the common law authority enables a party in Australia but divorced overseas to still pursue a property settlement in Australia, but it's my understanding that there can be complications dependent on what a divorce decree from another country entails. I'd suggest speaking to a lawyer for this matter.
     
  6. zena

    zena Active Member

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    Thank you all for your replies.

    As for the foreign divorce decree, I'm not entitled to anything. Will that prevent me from getting anything from him if I take him to court? Will I be entitled to gain anything from him in Australian court?
     

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