Divorce Obtained from Another Country deemed valid in Australia

Author: Alan Weiss

The Australian Law requires that before couples can apply for divorce, they must have live separately for at least 12 months following the breakdown of marriage. This is to establish the presumption of irretrievability of married life. However, not all couples who are divorced obtain their decree in Australia. In dealing with the validity of divorce in another country, the court pays close attention to the place where divorce is obtained and the nationalities of the parties involved.

If the other party who is not an Australian citizen was able to obtain divorce in his country, the other partner living in Australia does not need to file for another application under the Australian Law. The law provides that if divorce granted using the law of an offshore legislation is valid, it shall also be deemed valid in Australia. In identifying the validity of divorce decree offshore, the judge follows certain techniques. First, the judge has to determine which of the parties are the respondent and applicant. Second, the law recommends that an offshore decree will be deemed valid if the respondent was a citizen of the offshore legislation on the date he acquired divorce decree.

A valid divorce decree in another country is also a valid divorce in Australia. If the couples have overseas properties, the laws that will regulate the division of properties will that of the other country or that of the court that sanctioned the divorce provided that the assets are located overseas. Even if the couples are staying in Australia, the Australian court cannot exercise its judgment over the properties of the couples located in other places, provided that one of the party or both are not Australian citizens or that the respondent is an alien.

If the other party has already obtained a divorce decree in his country other than Australia, the divorce decree filed by the other partner in Australia may be dismissed by the Australian court. If the divorce decree is not valid, it shall also be deemed invalid in Australia. In effect, the other party may file for a divorce decree before the Australian courts.

The validity of divorce offshore and nationalities of events engaged can significantly impact the application of divorce in Australia. Following some established concepts of divorce, the judge also pays close attention to the variations in the legislations of different countries in deciding whether or not the application should be granted. If you have been experiencing with some issues in applying for divorce, do not think twice on contacting one of our family lawyers and receive sufficient legal counsel.
 

Posted in: Divorce