divorce in Australia marriage overseas

If you were married overseas you are still able to apply for a Divorce in Australia, provided certain conditions are met, namely: 

  • You and your spouse/partner have been separated for longer than 12 months; 


  • You or your spouse/partner regard Australia as your home and intend on living in Australia indefinitely; or
  • You are an Australian citizen by birth or descent or by grant of Australian citizenship; or 
  • You ordinarily live in Australia and have done so for 12 months immediately before filing the Application for Divorce. 

In circumstances where the parties were not married in Australia, the Courts may require additional document to be filed, such as: 

  • If your marriage certificate is in another language, you will be required to have it translated. You will need to file the English translation along with an affidavit of the person who translated it. The affidavit must set out the translator’s qualifications, attach a copy of the original marriage certificate and the translated copy of the marriage certificate.
  • If you are an Australian citizen by way of a grant of citizenship, you will need to provide a copy of your citizenship certificate to the court when filing your Application for Divorce.

If you were married overseas and are looking to obtain a divorce in Australia, the experienced specialist accredited family lawyers at Antunes can assist you in navigating the divorce process.

Contact our experienced family law team at enquiries@antunes.com.au or phone us on 02 9964 0499 to make an appointment and better understand the divorce process in the Family Courts of Australia.

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