VIC Vietnamese wife wants a divorce

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457Visafraud

Well-Known Member
16 April 2017
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An Australian lawyer.
Maybe is possible but consider costs, divorce basic knowledge and language skill.
A friend living temporarily in Thailand was asked US$2,500 only to prepare the authority for the local Lawyer (not to mention language barriers) and do a Court recording check.
Imagine doing that in Australia, maybe AUD 5,000?
And don't even try wasting time with the Australian consulate because they won't help.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
I agree @MartyK.

The OP just wanted to know if it is possible. It is possible. Though there are various hurdles to jump, including the practical issues like translators as mentioned above before the matter is decided in a courtroom.
 

MartyK

Well-Known Member
4 June 2016
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794
Of course I do not wish to divorce under Australian Family Law because I know I stand to lose more than if I divorced under Vietnamese law. My question is whether the Family Court in Australia would accept her application for divorce if she tried to apply for divorce in Australia. She is not an Australian citizen and does not live in Australia, so I want to know if the courts in Australia would allow her to file for divorce in Australia or not

If you are not intending to return to Australia then this would be very difficult. Particularly if you were to dispute.

Edit: If as you say you would stand to lose more if this was under Australian Law then you are probably best to finalise things in Vietnam? Like I said previously I do not know anything about the laws in Vietnam.
 
Last edited:

Saigon

Member
29 April 2017
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0
1
Thank you all for the advice / comments.
My wife has perfect english, is well educated, has money, and has Vietnamese friends living in Australia who are married to Australians. Those friends know the ropes and the system and have been offering her advice, I am sure. So from that end there would be nothing stopping her from getting to Australia to file a case, except if she could not get a visa.
I do not own any property in Australia, I do own property in other countries (not Vietnam or Aus). Not sure how Aus courts would rule on that ?
From your comments I think the conclusion is that she can file for divorce in Australia due to the fact that I am an Australian citizen, even though I have not resided there for more than 12 years.