In the modern days, getting married are not limited to the traditional way of wedding any more. From the marriage registry, backyard style, religious church, botanic garden, golf course or winery farm, there are much more beautiful venues to choose from for the dream wedding. We have talked about cross cultural marriage previously when people live in a multicultural country, going overseas for a wedding is one of the popular choices to get married and enjoy the romantic honeymoon at the same time. But……does the married life follow by the happily ever after?

In Australia, almost one third of relationship end up divorced or separated. What to do when married overseas with a foreign spouse and wish to get a divorce in Australia?

if you are an Australia citizen who got married overseas, you can apply for a divorce in Australia if either you or your spouse ordinarily live in Australia for 12 months before filing for divorce and regard Australia as your home intend to live indefinitely in Australia.

When granting a divorce, you and your spouse will need to be lived separately and apart for at least 12 months to satisfy the Court and there is no reasonable likelihood of continuing married life. It is possible to be separated and continue living in the same house, you will need to prove to the Court that you and your spouse were separated during the 12 months time in this situation.

If the marriage period has been less than 2 years, you and your spouse will need to attend counselling to obtain a counselling certificate to file for the Court. Apply for a divorce can be joint application or it can be a sole application, sole applicant will need to comply to the Court and have the documents deliver to your spouse either by mail or in person.

You must provide the Court with a copy of the translated marriage certificate and an affidavit of the certified translator if the original is not in English language. Australia will also recognise a divorce from overseas if it has been effected in accordance with the laws of the country.

You can make an agreement with your spouse for the issues about property and maintenance of parenting arrangements for your children and file it with the Court or if you want to apply for maintenance for yourself or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Any wills made by you and your spouse during the marriage might be affected by the divorce, the applicant should seek for legal advice.

Morrison Specter has a professional team of lawyers to provide the best advice and legal protection to strive for the maximum benefits.