NSW Who is eligible to apply as sole applicant to divorce

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JML

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26 August 2019
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I read the below on this forum as the answer to who is eligible to apply as applicant to divorce in NSW.

"To apply for a divorce in Australia, the applicant needs to be either born here, has become a citizen, or lawfully residing here with intent to remain & has been here for at least 12 months immediately prior to application...."

I am an Australian citizen, ex wife is from Europe and gained a Partner PR visa shortly before we married here.
Short marriage, she left Australia three years ago and so from what I've quoted above I interrupt that to mean
she would not be eligible to be the Sole Applicant to divorce here or am I missing something?
 

Atticus

Well-Known Member
6 February 2019
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she left Australia three years ago and so from what I've quoted above I interrupt that to mean
she would not be eligible to be the Sole Applicant to divorce here

Correct, unless she has been granted citizenship
 
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JML

Member
26 August 2019
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Thank you Atticus. Ex must have applied for citizenship after leaving the marriage and before going to UK.

Long story short - I have a filed Consent Order from 2015 and have just received our Divorce Order issued
by the Court this month. Do these Court Case Files stay separate or need to be connected in some way so I am
protected from the ex. Apparently she remarried in July, a few weeks prior to the date of the Divorce Order, so
still has no regard for the truth or the law.
 

Atticus

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6 February 2019
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Sorry getting confusing now... So consent order in 2015 is to do with property I'm guessing? If so what is the current state of play with that? ...

Divorce & property are separate applications if that is what you are asking...
 
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JML

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26 August 2019
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Yes, a property settlement and was finalised back then with a lump sum payment to ex per the filed Consent Order.
Of course, it is separate to the recent divorce application by the ex ... getting myself confused too. Thanks.