NSW Married Overseas - Possible to Apply for Divorce in Australia?

[Lotika]

Hi,

We are an Indian couple married since 4.5years. We recently came to Australia on Permanent Residency and want a divorce with mutual consent. Is it possible to apply for that in Australia? If yes, how much time will it take and what will be the fees required to be paid?

Will I be eligible to ask for alimony? We both are working and have no kids.

 

[Sophea]

Hi Lotika,

You can obtain a divorce in Australia if you or your husband:

• regard Australia as your home and intend to live here indefinitely; or
• are an Australian Citizen; or
• ordinarily live in Australia and have lived in Australia for at least one year immediately before applying for divorce.

If you can't meet one of these conditions, then you cannot apply for a divorce in Australia.

Before applying for divorce you will also need to prove that you have lived separately for 12 months.

In terms of alimony (called spousal maintenance here) the court will only award this if you are unable to support yourself financially. It will examine your income and your ability to earn income. If you are already working full-time and you don't have children I don't think a court would be willing to order your husband to pay maintenance.