NSW Divorce and Property Settlement in Australia - Residence in the UK?

[caca]

My question relates to if my husband the applicant files for divorce in Sydney yet the primary place of residence for him, myself and our children is in the UK, whether that is grounds for opposing the application and responding to the divorce application that you do not wish it to go ahead in the Australian Courts based on it not being in their jurisdiction? Also in relation to this if the Divorce Order in Sydney goes through whether the financial settlement/ property settlement aspect to follow within the year has to take place also in Australia.

 

[Atticus]

As long as your husband is an Australian citizen, or is lawfully residing here and has for at least the last 12 months, AND intends to remain, then the application is valid..

You could oppose it, however very unlikely to be upheld... It's the above criteria applied to the applicant that is the important part.

No reason property/ financial orders have to be sought in the same jurisdiction as the divorce application, they are separate actions .

 

[caca]

As long as your husband is an Australian citizen, or is lawfully residing here and has for at least the last 12 months, AND intends to remain, then the application is valid..

You could oppose it, however very unlikely to be upheld... It's the above criteria applied to the applicant that is the important part.

No reason property/ financial orders have to be sought in the same jurisdiction as the divorce application, they are separate actions .

Thank you . When you say the property/financial orders do not need to be sought in the same jurisdiction as the divorce does that also mean they can be sought in the UK, which is where I live?

 

[Atticus]

If that's your predominant place of residence yes, however if the majority of real assets are in Australia then it would make more sense to apply here so there is no complications with orders being made in one country then needing to be registered and enforced in another..

 

[caca]

I really appreciate this advice. Thank you.