A One Stop Shop for Family Law in Australia
Online Pubisher of Family Law Legal Information in Australia
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:
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 fact 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 fact 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 fact sheet explaining How much will a Divorce cost and how long does it 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 fact 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 fact 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 fact sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Divorce Section
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