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VIC Married Overseas - File for Divorce in Australia?

Discussion in 'Family Law Forum' started by Manish, 18 April 2016.

  1. Manish

    Manish Member

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    I've registered marriage overseas but due to personal circumstances, been separated for more than 5 years. I am an Australian citizen and looking to re-marry. Unfortunately, I've lost the marriage certificate. Can I file for divorce from Australia?

    What are the conditions for my ex overseas?

    Any ideas and it suggestion is greatly appreciated..

    Thank you.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Manish,

    as you are an Australian citizen you can get a divorce in Australia from a foreign marriage. Your ex can simply be served with the application, and she will be a respondent. I would contact your state dept of Births Deaths and Marriages for further info. If you can't locate your spouse, you can apply to the Court for the divorce to go ahead anyway, but you need to be able to show that you have tried to contact your spouse.

    Divorce in Australia – What You Need to Know - Legal Blog - LawAnswers.com.au
     

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