VIC Vietnamese wife wants a divorce

[MartyK]

My post above is still valid so she would need to live in Australia to be eligible to file a divorce claim.

Yes, you are correct, the applicant needs to be in Australia at the time of filing. They do not however need to be a permanent resident et al.

In relation to property settlement, and even children's matters, the above also applies. However, depending on where the property is mostly held (here or overseas) or the country the children have a primary connection to (we are not referring to international abduction cases), while the Court can make orders, the Court may decline. Preferring matters to instead be settled in the overseas jurisdiction. All depends on the facts before the court.

 

[Rod]

so the wife must comes to Australia and live here for at least 1 year then she can apply for divorce.

I don't think you even need to be in Australia to file for divorce. Though you still need to satisfy other conditions for divorce.

 

[MartyK]

The OP meets the conditions but he is not going to ask for a divorce so the wife must comes to Australia and live here for at least 1 year then she can apply for divorce.
To live in Australia for at least 1 year means she has to leave her business in her hometown plus she needs to afford the very expensive Visa route and living costs not to mention her low money exchange rate.
But the suggestion to divorce in Vietnam is good also it seems like the OP is living in Vietnam so I don't see how the wife can come here as tourist and file a divorce while the husband is overseas.

I am not aware of any requirement that you need to be living in Australia for 1 year, only that of needing to be in Australia when the application is filed.

If hypothetically OP came back to Australia, leaving his wife in Vietnam, then I agree that it would likely be easier for the 'wife' to file for divorce in her home country, if the OP does not intend to file himself in Australia. Although, I have no idea of what the laws are in Vietnam in relation to divorce and if this would be easy or not.

 

[Rod]

... only that of needing to be in Australia when the application is filed.

What is the basis for this statement?

 

[Tim W]

Looks like @Saigon needs to move to protect his Australian assets without further delay.

 

[MartyK]

@457Visafraud - just to clarify something which I may have been unclear about. While the applicant does not need to be resident in Australia for 1 year, the other party does need to be if a or b do not apply. s39 (3)(c)
FAMILY LAW ACT 1975 - SECT 39 Jurisdiction in matrimonial causes

 

[MartyK]

@Rod - my involvement in a few other cases of same. Although the other parties were not from Vietnam. Who do you propose files an application in an Australian Court, if not the applicant?

In one of those cases the applicant needed to file here but was not required to remain.

 

[457Visafraud]

@RodIn one of those cases the applicant needed to file here but was not required to remain.

The applicant also needs to apply for a valid Visa, have a good understanding of English language and divorce rules.
Though we need more background information from the OP.

 

[Rod]

Who do you propose files an application in an Australian Court, if not the applicant?

An Australian lawyer.

 

[MartyK]

An Australian lawyer.

I am lead to believe, though could be wrong, that you are making an assumption that the divorce should be straightforward, and, have possibly not taken into account jurisdictional disputes?

In any even the OP's question related to divorce and/or property which indicates there may be both.