VIC Regarding Australian divorce.

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Samah

Active Member
15 November 2019
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Dear Forum,
My name is Samah and I'm a foreigner married to an Australian Citizen. Our marriage is recognized under the Australian law,however I am currently not living in Australia nor do I have an Australian residency.

My husband and I are separated due to the toxicity of the relationship I had with him and I want to file for a divorce. However,I am not currently in Australia and I can't be physically present. We don't have children together.

He withdrew his sponsorship from my spouse visa to cancel my immigration since he feared that I would report him.

How can I apply for divorce when I'm overseas?
Regarding property laws in Australia. How would it be?
Also regarding dowery. What can I do if he doesn't pay what he promised me?

Waiting for your response
Thank you in advance.
 

Atticus

Well-Known Member
6 February 2019
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How can I apply for divorce when I'm overseas?
From the information you have provided, you wouldn't be able to apply for divorce through the Australian legal system as a sole applicant. You will have to see if it's possible via your countries legal system
Regarding property laws in Australia. How would it be?
Complex... Your possible entitlements will depend on many circumstances.... how long your relationship/marriage was, where assets are located, initial contributions, if there are children of the marriage etc etc. You would need to see a family law solicitor with all the facts & figures to get an opinion on how best to proceed
Also regarding dowery. What can I do if he doesn't pay what he promised me?
Again complex in Australia as there is nothing in the family law act relating specifically to dowry.... Sometimes heard in conjunction with family violence claims, but the problem is that a dowry can be considered a gift especially if exchanged between third parties ... Best filed in India
 
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Tim W

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28 April 2014
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...Our marriage is recognized under the Australian law...
First things first.
Were you married in Australia, or in India?
 
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Samah

Active Member
15 November 2019
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First things first.
Were you married in Australia, or in India?
We were married in Australia, but i had to go back to my work outside of Australia while waiting for the approval for the Visa 100 (Permanent) directly even though they didn't give me Visa 309 (Temporary).
We were married for a year but the separation started 8 months ago which we were trying to fix the relationship in but we failed.
 

Tim W

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Well, for one thing, in Australia, you'll need to be separated for twelve months before a divorce.
You'll need to be able to show that the separation was a product of the irretrievable breakdown of marriage,
and not mere physical separation due to work.
 

Samah

Active Member
15 November 2019
5
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31
Well, for one thing, in Australia, you'll need to be separated for twelve months before a divorce.
You'll need to be able to show that the separation was a product of the irretrievable breakdown of marriage,
and not mere physical separation due to work.
thank you for replaying
Ok , I know that we are already separated due to irretrievable breakdown and He withdrew his sponsorship from my spouse visa to cancel my immigration ,
so after 4 months the year will be completed :
1)How can I apply for divorce when I'm overseas?
2)Regarding property laws in Australia. How would it be?
3) Also regarding dowry, What can I do if he doesn't pay what he promised me?
 

Atticus

Well-Known Member
6 February 2019
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any body can help me please ?
Yes... See my first post, but basically, you don't seem to be eligible for a sole application for divorce using Australian jurisdiction, UNLESS your husband is a Australian citizen or is resident here, intends to remain here & has been here for at least 12 months... IF that is the case, you can file a JOINT application for divorce in Australia..... Otherwise you will have to file for divorce where you are using that jurisdiction... see a lawyer there for guidance

As for property, dowry etc.... See my first post..... You will need a lawyer to advise properly after ascertaining your particular circumstances as to what jurisdiction would be best to file.... The dowry in particular would be best filed in India IMO
 

Lakshmi

Member
4 February 2020
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Well, for one thing, in Australia, you'll need to be separated for twelve months before a divorce.
You'll need to be able to show that the separation was a product of the irretrievable breakdown of marriage,
and not mere physical separation due to work.
Hi, I have a similar situation here. I am not in Australia anymore, he is Australian citizen, 2 years separated. I lent him money to buy a car, the car is under my name but he kept it. He is broke and doesn't work, so I want to recover the car and get the divorce. He is mentally ill and will be difficult to get him to sign the divorce papers. I already asked for the car and he denies to give it back. What options do you think I have? Thank you!