QLD Can a Foreign Divorce be Recognised in Australia?

[Kaz1112]

Hi.

My ex partner and I are both Permanent Residency holders and got married in Australia about 18 years ago. At that time, the marriage was also registered in our home country in Japan. We have a child together who is now 17.

We got separated 11 years ago and he has returned to Japan to live since. We filed a divorce in Japan 2 years ago and we are now legally divorced in Japan.

My question here is can this divorce be recognised here in Australia so that I can be properly divorced? I can get a certificate of divorce from the Japanese Consulate in Brisbane to be registered if that’s the case. If so, how do I go about it? Is going through a lawyer the easiest way? Or will I need to file a separate divorce?

There is no property to settle. My daughter is in my care.

Thank you in advance.

 

[CSFLW]

Why do you want to have the divorce formally recognised in Australia?

 

[davidmcf]

does the Australian legal system recognise a Japanese divorce?

if so what paperwork is needed?

 

[Atticus]

does the Australian legal system recognise a Japanese divorce?

if so what paperwork is needed?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

• regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
• are an Australia citizen by birth or descent
• are an Australia citizen by grant of an Australia citizenship
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file an English translation of it, and an affidavit from the translator.

Affidavit translation of marriage certificate

 

[davidmcf]

many thanks for the quick reply, a few more questions if i may:

we were married in both australia and Japan..
my japanese wife (and Australian resident) and I am a aust citizen divorced me in japan in 2016..

if i can get a translated copy of that certificate, will that date stand up? and have divorce dated a year from that date in aust?

 

[Atticus]

we were married in both australia and Japan

Do you mean the marriage was recognised in both countries

if i can get a translated copy of that certificate, will that date stand up? and have divorce dated a year from that date in aust?

Plus certified as true copies probably.... If accepted you shouldn't have to wait a year if your wanting to remarry?

 

[davidmcf]

Do you mean the marriage was recognised in both countries - no, we had ceremonies in both countries..


Plus certified as true copies probably.... If accepted you shouldn't have to wait a year if your wanting to remarry?

will this be different if this is in NSW??

 

[Atticus]

we had ceremonies in both countries..

In that case, not sure... you may have to file for divorce in Australia as well

Divorce is covered under federal laws, so shouldn't matter what state

 

[davidmcf]

thanks