I wasn’t married in Australia. Can I get divorced in Australia?
I got married in Australia but I do not live in Australia. Do I get divorced in Australia?
It is not uncommon to have a destination wedding or perhaps you or your spouse migrated to Australia after you were married. The Family Law Act 1975 (Cth) provides for these situations by requiring a party to the marriage have sufficient connection to Australia in order to obtain a divorce in Australia.
What is Sufficient Connection to Australia?
In order to for a divorce to be granted, the divorce application must establish that at least one party to the marriage is:
- an Australian citizen; or
- domiciled (permanently living) in Australia; or
- an ordinarily resident in Australia and has been residing in Australia for at least one year prior to filing the application for divorce.
If the above is established, then the application for divorce may proceed in Australia.
Further requirements for divorce required under the Family Law Act 1975 must also be met. Please see our articles regarding divorce applications.
AH Lawyers would be pleased to assist you with your divorce application and family law matters. Please contact our office for your free half hour initial consultation.
