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If you were married overseas it is possible to apply for a divorce in Australia if either you or your spouse:

  • Regard Australia as home and expect to live indefinitely in Australia;
  • Are an Australian citizen by birth or descent;
  • Have lived in Australia for 12 months immediately before filing for divorce.

The Court will require a copy of your marriage certificate. If the certificate is not in English then an English translation will need to be provided, as well as a supporting affidavit from the translator.

The usual requirements for divorce still need to be met and they are that:

  • The marriage has irretrievably broken down;
  • You and your spouse must have been separated for at least 12 months;
  • If there are children of the marriage that appropriate arrangements have been made for them.

Further factors need to be considered such as service of the application and these requirements differ depending on whether both spouses live in Australia or not.

We have a wealth of experience in these types of matters and invite you to call our office on (08) 8410 9294 or email our Associate Lawyer Ellie Douglas on e.douglas@adelaidelegal,com, to discuss the same. Adelaide Legal, Expect More.

Article written by Stefania Scarcella, Law Graduate Paralegal, LLB.