International Divorce: What Australians Need to Know
11/07/2022
Married overseas and now considering divorce in Australia? It’s a more common situation than you might think. With Australia’s increasingly multicultural population, navigating international divorce is something many couples are going through.
The good news: Australia recognises most overseas marriages and makes divorce straightforward, regardless of where you tied the knot. Here’s what you need to know.
Quick Answers
- Yes, you can divorce in Australia if married overseas, provided you meet jurisdiction requirements
- 12-month separation is mandatory (same as Australian marriages)
- Marriage certificate must be translated to English by a NAATI-certified translator if in another language
- Australia operates a no-fault divorce system – no need to prove wrongdoing
- Overseas divorces are recognised in Australia if obtained legally in that country
Can I Get Divorced in Australia If I Married Overseas?
Absolutely. Australia recognises marriages that are legally valid in the country where they took place. Whether you married in Bali, Las Vegas, or London, your marriage holds the same legal weight here.
To file for divorce in Australia after an overseas marriage, you or your spouse must meet at least one of these criteria:
- You’re an Australian citizen (by birth, descent, or naturalisation)
- You regard Australia as your permanent home
- You’ve lived in Australia for at least 12 months immediately before filing
These jurisdiction requirements are outlined in the Family Law Act 1975 and apply regardless of where your marriage took place.
What Documents Do I Need?
Your overseas marriage certificate is essential. If it’s not in English, you’ll need:
- A certified English translation by a NAATI-accredited translator
- An affidavit from the translator confirming their qualifications and the translation’s accuracy
- The original marriage certificate
Can’t locate your marriage certificate? You’ll need to provide an affidavit explaining why it’s unavailable and the steps you’ve taken to obtain it.
The 12-Month Separation Rule
Australia’s no-fault divorce system means you don’t need to prove your spouse did anything wrong. You simply need to demonstrate that the marriage has irretrievably broken down by being separated for at least 12 months and a day.
If you’ve continued living together due to financial constraints or children’s needs, you can still divorce. You’ll need to prove you lived separate lives during that time – separate bedrooms, finances, and social lives.
If you reconcile for less than three months during the separation period, you can add the earlier separation time to reach the 12-month requirement. Reconciliations longer than three months restart the clock.
What About Property and Children?
While divorce ends your marriage, it doesn’t automatically resolve property division or parenting arrangements. These are separate legal matters under Australian law.
Property Settlements
Property settlements involving overseas assets can be complex. Australian courts can make orders affecting foreign property, but enforcement may require cooperation with overseas courts.
Child Custody
Child custody matters involving international elements require careful handling, particularly if there’s a risk of a parent taking children overseas. Australia is a signatory to the Hague Convention on International Child Abduction, which provides protection when dealing with other signatory countries.
Will My Divorce Be Recognised Overseas?
An Australian divorce is generally recognised in most countries, though some nations may require additional steps. If you need your Australian divorce recognised in a specific country, our experienced divorce solicitors can advise on the requirements.
Get Expert Help With Your International Divorce
International divorce involves additional complexities beyond standard Australian divorces. From jurisdiction questions to serving documents on an overseas spouse, having experienced legal support makes all the difference.
Our Cairns-based divorce lawyers have assisted numerous clients in navigating international divorce matters. We’ll guide you through the process, handle the paperwork, and ensure your rights are protected – whether your spouse is in Australia or abroad.