Can I get divorced in Australia if I married overseas?
By: Jesil Cajes, Principal Solicitor, Cajes Law
Yes, in many cases, you can. In Australia, what matters is not only where you got married, but whether the marriage is recognised and whether you meet the Australian requirements to apply for divorce here.
The Federal Circuit and Family Court of Australia states that you can apply for divorce in Australia if either you or your spouse is an Australian citizen, regards Australia as home and intends to live here indefinitely, or has ordinarily lived in Australia for at least 12 months before filing.
Australia has a no-fault divorce system. That means the Court is not deciding who caused the marriage breakdown. The legal ground for divorce is that the marriage has broken down irretrievably, shown by at least 12 months’ separation. The Court’s official guidance says you must have been separated for at least 12 months and 1 day before applying.
If you married overseas, you will usually need to provide the Court with your marriage certificate. You must prove to the Court that you are married, usually by filing a copy of the marriage certificate. If the certificate is not in English, a translation may also be needed.
You can apply either jointly with your spouse or as a sole applicant. If you file a sole application, your spouse must usually be served with the divorce documents. If your spouse is overseas, extra timing and service rules apply.
This is where many people become unsure. They might think, “We married overseas, so I probably need to divorce there too.” That is not necessarily true. If you meet the Australian requirements, you may still be able to divorce here even if the wedding took place in another country.
If your spouse is overseas, the documents usually need to be served at least 42 days before the hearing. If they are in Australia, it is usually 28 days before the hearing.
The divorce itself does not decide parenting, property, or maintenance issues. Those are separate matters. It is important not to assume that getting the divorce automatically finalises everything else.
Common mistake: waiting too long to deal with property after divorce. Once a divorce is final, there is generally a 12-month time limit to apply for property settlement or spousal maintenance in Court.
At Cajes Law, we assist clients who were married overseas and now need clear advice about divorce in Australia. We can help you understand whether you qualify, what documents are needed, and what the next steps are.
Book a consultation with Cajes Law to discuss your international divorce matter.
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Cajes Law acknowledges the Traditional Owners of Country throughout Australia and recognises the continuing connection to lands, waters and communities. We pay our respect to Aboriginal and Torres Strait Islander cultures; and to Elders past and present.