Getting a Divorce in Australia if You Were Married Overseas
Were you married overseas but now living in Australia and want to get a divorce? This process is definitely possible as long as you are able to prove that Australia is now your home and that you and your spouse have been separated for at least 12 months and a day. As divorce lawyers in Sydney, we have dealt with many such cases, and in this article, we hope to share some tips and answer some frequently asked questions regarding this topic.
What You’ll Need
The first thing you’ll need when filing for divorce is a copy of your marriage certificate. If your marriage certificate is in another language, you’ll need to have it professionally translated and gain an affidavit from the translator, which makes mention of their qualifications.
Are You Eligible?
If you were married outside of Australia but are looking to get divorced in Australia, either you or your spouse must:
- Consider Australia as their home (with the intention to live here indefinitely)
- Be an Australian resident
- Be an Australian citizen
- Usually live in Australia (have lived in Australia for at least a year before filing divorce application)
- Be separated for at least 12 months and a day
The Application Process
If you have your documents in order and have determined that you are eligible, you can start the application process. In the case of a joint application, neither spouse needs to attend court. A sole application can be a bit more complicated, especially if you have children together.
Get a Good Divorce Lawyer
Getting a divorce if you were married in a different country can be a little trickier than if you were legally married in Australia. Getting a good divorce lawyer will help you smooth out this process and guide you through all of the steps that need to be taken towards the finalisation of your divorce. Having a good divorce lawyer on your side will give you clarity and resolution.
Are you looking for good divorce lawyers in Sydney? Here at Lapointe family law, our divorce lawyers are experienced, skilled, and knowledgeable. Get in touch with us today to make an appointment with one of our well-respected divorce lawyers in Sydney.
