Where to Submit Divorce Papers in Australia?

[orsha]

Hi. I was separated from my husband since 23 December 2015 due to domestic violence. My husband was put under an AVO by court in Feb 2016.

My husband was my sponsors to come Australia, and I got received my permanent residency in April 2016. Then after, I filed for a divorce under the Bangladeshi law which was lodged in June 2016 and the final divorce certificate was given on 26th Sept. 2016.

Due to family pressure and mental instability, I got married again to another guy in Bangladesh in 30 Sept. 2016.

So my question is

· Where do I submit my divorce papers in Australia?

· Do I need to divorce file in Australia again?

· Where do I submit my new marriage certificate?

· When can I apply for my new partner?

· What kind of papers do I need to submit for my new partner ?

· I have a Bangladeshi passport, do I need to change my husband's name to a new one?

 

[Sophea]

Section 104(3) of the Family Law Act 1975 (Cth) prescribes when a divorce, effected in accordance with the law of an overseas jurisdiction will be recognised in Australia. Therefore if you are legally divorced in Bangladesh, and you satisfy the requirements of s104(3) then you are considered to be divorced in Australia. If for some reason you were not considered to be divorced from your first husband, then your second marriage would not be recognised in Australia because you can only have one husband or wife.

Section 104(3) states:
A divorce or the annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an overseas jurisdiction shall be recognized as valid in Australia where:

(a) the respondent was ordinarily resident in the overseas jurisdiction at the relevant date;

(b) the applicant or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was ordinarily resident in the overseas jurisdiction at the relevant date and either:

(i) the ordinary residence of the applicant or of that applicant, as the case may be, had continued for not less than 1 year immediately before the relevant date; or

(ii) the last place of cohabitation of the parties to the marriage was in that jurisdiction;

(c) the applicant or the respondent or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was domiciled in the overseas jurisdiction at the relevant date;

(d) the respondent was a national of the overseas jurisdiction at the relevant date;

(e) the applicant or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was a national of the overseas jurisdiction at the relevant date and either:

(i) the applicant or that applicant, as the case may be, was ordinarily resident in that jurisdiction at that date; or

(ii) the applicant or that applicant, as the case may be, had been ordinarily resident in that jurisdiction for a continuous period of 1 year falling, at least in part, within the period of 2 years immediately before the relevant date; or

(f) the applicant or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was a national of, and present in, the overseas jurisdiction at the relevant date and the last place of cohabitation of the parties to the marriage was an overseas jurisdiction the law of which, at the relevant date, did not provide for divorce, the annulment of marriage or the legal separation of the parties to a marriage, as the case may be.