Divorce in Australia when Married Overseas

How to get a Divorce in Australia if you got Married Overseas 

If you are eligible to apply for a Divorce in Austalia, it doesn’t matter whether you were married in Australia or whether you were married overseas, either way, you are entitled to apply for a Divorce in Australia.

The requirements do not change based on where you got married. If you were married overseas, you only have to meet all the requirements to be able to make an Application for Divorce in Australia.

There is no requirement for an overseas marriage to be registered in Australia.

If you got married overseas and your marriage certificate is not in English however, then the Court will require you to obtain an english translation of the Marriage Certificate and file an Affidavit of the Translator which:

 



 

  • attaches a copy of the Marriage Certificate;
  • attaches a copy of the english translation of the Marriage Certificate;
  • states their qualifications to translate;
  • states that the translation is an accurate translation of the Marriage Certificate; and
  • states that the attached copy of the Marriage Certificate is a true copy of the Marriage Certificate translated.

If you need to file an Affidavit then you can get help to do that in our information sheet How to prepare an Affidavit. You should also read the information sheet about How to attach documents to Affidavits.

Divorce in Australia: What else do you need to know

If you and your partner reconciled for a period of time after your separation, or spent any part of your 12 month separation period living under the same roof you need to read our separate information sheet about those issues.

Doing your Divorce yourself without paying a lawyer will be much easier if you have a checklist of steps you need to follow. Our information sheet A list of steps you need to take to get a Divorce gives you an easy to follow procedure to do your own divorce.

If you are applying for a Divorce you will want to know costs and the length of time it is likely to take. Read more in our information sheet explaining How much will a Divorce cost and how long does a Divorce take.

Courts do not consider all issues (such as property settlement, parenting arrangements, child support etc) when granting a divorce. The issues the Court looks at are explained in our information sheet What things will a Court want to know to grant a Divorce.

If you are doing your Divorce yourself then you need to be prepared for what will happen on the day your divorce is heard in Court. We have a information sheet explaining What happens at the Divorce Hearing.

Issues surrounding your children, money, finances and property will usually be dealt with first once you have decided to get a Divorce, but you should also know what is explained in our information sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.

 

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