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VIC Overseas Marriage and Divorce - Am I Able to Remarry in Australia?

Discussion in 'Family Law Forum' started by BubblyBee2012, 30 December 2015.

  1. BubblyBee2012

    BubblyBee2012 Active Member

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    Hi,

    I am an Australian female. I married an Egyptian male while I was living in Egypt in 2011. Shortly after, we both moved to Australia. At the time, he became abusive and I asked him to leave (no, I didn't report it out of fear).

    Anyway, after months and years of begging him for a divorce and with the assistance of the Arab Republic of Egypt Consulate in Melbourne, Australia, I was able to get the Divorce Notification. We were married for four months before I left him and he refused to divorce me until he obtained his permanent residency here in Australia. Anyway, the marriage and the divorce were both legally done in Egypt.

    My question is that I'm wanting to move forward with my life and possibly re-marry in the future. Am I able to?
     
  2. Sophea

    Sophea Well-Known Member

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    Yes. Generally overseas marriages and divorces are recognised by Australia. Australia would have no record of your Egyptian marriage or divorce, but you may need to provide your divorce decree prior to remarrying so hold onto it.
     
  3. BubblyBee2012

    BubblyBee2012 Active Member

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    Thanks Sophea. As the marriage and divorce took place overseas in Egypt, am I still required to do mediation and property settlement under Australian law (ie does Australian law apply?) (We don't have any children or shared assets).
     
  4. Sophea

    Sophea Well-Known Member

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    No you are not required to do any sort Australian property settlement. Is the divorce final in Egypt? And have you divided your assets? I would try and get something in writing even if you are walking away with what you brought to the relationship such as a binding financial agreement, but its not necessary to remarry.
     
  5. BubblyBee2012

    BubblyBee2012 Active Member

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    Thank you Sophea. The divorce is final in Egypt. The only documents I was able to get him to sign were stat decs stating we wouldn't pursue each other for financial assets or others and a written statement he signed essentially stating the same. There's not a Binding Financial agreement in place.

    Thank you
     
  6. N Knight

    N Knight Well-Known Member

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    Hi BubblyBee given you have stat dec which are not binding - do you wish to do a property division?
     
  7. BubblyBee2012

    BubblyBee2012 Active Member

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    Hi N Knight

    No! I certainly do not want to do a property division. I was wanting confirmation that I am not required to do one on the basis that my marriage and subsequent divorce were done in Egypt (divorce was processed through Egyotian consulate in Melbourne). As previously mentioned, we were only married less than six months and had no joint assets nor any children. I highly doubt I'd have to do property settlement given everything is Egypt and Australia had no part in my marriage or my divorce, but I'm seeking peace of mind.

    Thank you
     
  8. N Knight

    N Knight Well-Known Member

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    Hi,

    Then you are legally divorced.
     
  9. BubblyBee2012

    BubblyBee2012 Active Member

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    Hi N Knight

    Thank you. Do I have to do property settlement under Australian law though?

    Thank you
     

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