The Federal Circuit Court of Australia will normally hear your Divorce Application under one of the following pre-conditions:
- You or your spouse are an Australian citizen, or
- You or your spouse think of Australia as your home, or
- You and your spouse normally live in Australia and have lived in Australia for at least one year immediately before applying for a divorce.
Not all three have to be fulfilled. If you are a citizen of another country, married to an Australian citizen, and you live abroad and maybe have never lived in Australia, you are still entitled to get a divorce in Australia. Your spouse remains an Australian citizen, and thus the first precondition is fulfilled.
If you got married overseas, there are some procedural issues that may arise if you want to get a divorce in Australia.
What if my marriage certificate is not in English?
You must file your Marriage Certificate in court and it must be translated into English. The English translator must file an Affidavit swearing the following:
- that they have the qualifications to translate, and
- that the translation is accurate; and
- that the attached copy of the marriage certificate is a true copy.
What if my spouse is living overseas and I can’t serve them the Divorce Application?
You still must take all reasonable steps to serve the Divorce Application to your spouse.
If you don’t know their whereabouts, you can apply to the Court for substituted service or dispensation of service. In order to apply, you will need to complete an application in a case and an affidavit.
It is important to remember that if your spouse lives overseas, after serving them the Divorce Application, you need to allow for at least 42 days before the court hearing. (It is at least 28 days for people residing in Australia.)
If you are having any issues concerning your divorce in Australia and whether you can do it here, please talk to one of our divorce lawyers. Here at Withstand Lawyers, we have a rich portfolio of satisfied customers with a range of different backgrounds and circumstances. We will determine whether you are entitled to get a divorce in Australia, and arrange for the process as smooth as possible.