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QLD New Zealand Citizen - Divorce in Australia?

Discussion in 'Family Law Forum' started by mauricepants, 17 April 2016.

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  1. mauricepants

    mauricepants Member

    17 April 2016
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    I want to know if I can get divorced in Australia while I travel overseas.

    I am a New Zealand citizen who has lived and worked in Australia since February 2014. In May 2015, I went travelling for 7 months and returned to Australia in January 2016.

    During that time, I split up with my husband in September 2015. He returned to New Zealand. I know you have to be separated for 1 year and 1 day before you can file for divorce.
    • 1.are an Australian citizen by birth, descent or grant of Australian citizenship. (If you have been granted citizenship you will need to file a photocopy of your certificate), or
    • 2. regard Australia as home and intend to live in Australia indefinitely. (You will need to provide a photocopy of a valid visa or your passport showing the date of arrival at least one year prior), or
    • 3. ordinarily live in Australia and have done so for 12 months immediately before filing for divorce. (You will need to provide a photocopy of a valid visa or your passport showing the date of arrival at least one year prior).

    I am planning to travel again soon i.e. July. Am I considered to be domiciled here (2), or would I be considered to be ordinarily living here and will then have to stay till the 12 months is up(3)?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    I'm not 100% certain as to whether they would consider your 7-month travelling stint a holiday or an interruption to your stay in Australia. However you could have a fair crack at proving that you intend to live in Australia indefinitely or that you ordinarily live in Australia, if you can show you have the right visa to stay in Australia (which I believe is pretty easy for you guys) and other factors that demonstrate permanency here, such as owning real estate, etc.

    Although you are going for long stints of travel you are returning to Australia each time, therefore, I would think you can argue that it is still your home and has been since Feb 2014. I would give it a go, or call the family court and ask them? They may be able to provide a little more info.

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