NSW Divorce from Overseas - Property Settlement in Australia?

[zena]

My wife and I were married overseas. I have divorced her legally overseas two years ago in the same marriage country...but neither of us have submitted the divorce in Australia. My question is...is the divorce considered or recognised in Oz from the date it took place overseas for the purpose of property distribution?

I am working overseas and she has been living in my house with our 19 years old daughter rent free for the last two years and I am paying all the bills and mortgage for the house. I was hoping for reconciliation, but it appears that's not possible and I want to stop building her share in my property...just for more info. The house is in my name and the bank mortgage also in my name.

 

[Rod]

Most overseas legally obtained divorces will be recognised here. What country?

Property settlement happens from date of filing your application for a property settlement. Your 2 years is wasted. If your ex won't move, then court is realistically your only option. Stopping the mortgage repayments can affect your credit history so I don't recommend that course of action.

Negotiate your own split, or go to court. These are your only 2 options.

Family court requires a filing within 12 months of divorce. You can apply for an extension and being overseas MAY be reason for a successful grant.

Your alternative is the Supreme Court to regain possession of your home and arrange a sale. Messy and likely to be expensive but you may end up with a better result. See a lawyer to discuss the options.

 

[zena]

Most overseas legally obtained divorces will be recognised here. What country?

Property settlement happens from date of filing your application for a property settlement. Your 2 years is wasted. If your ex won't move, then court is realistically your only option. Stopping the mortgage repayments can affect your credit history so I don't recommend that course of action.

Negotiate your own split, or go to court. These are your only 2 options.

Family court requires a filing within 12 months of divorce. You can apply for an extension and being overseas MAY be reason for a successful grant.

Your alternative is the Supreme Court to regain possession of your home and arrange a sale. Messy and likely to be expensive but you may end up with a better result. See a lawyer to discuss the options.

I'm sorry, I think my question wasn't very clear...the date on the divorce paper reads 2015...but I haven't applied it yet to Oz government. If I apply it now, the question is...will the divorce be considered active and take place from 2015 or from the date I apply it?

 

[Rod]

Doing a little more reading it appears the 12 months limitation to apply for a property settlement doesn't apply to overseas divorces when you have property in Australia.

Don't think you even need to apply to have your divorce recognised here.

So it appears you have a choice of court - Supreme Court or Federal Circuit Court. If going to court recommend you get a lawyer.

 

[zena]

Doing a little more reading it appears the 12 months limitation to apply for a property settlement doesn't apply to overseas divorces when you have property in Australia.

Don't think you even need to apply to have your divorce recognised here.

So it appears you have a choice of court - Supreme Court or Federal Circuit Court. If going to court recommend you get a lawyer.

so what exactly do u mean it dsnt apply...she can ask for property settlement even after 12 months or what...and if i submit the divorce to oz government now..will she be considered divorced from 2015 or from now the date of submiting?

 

[Rod]

what exactly do u mean it dsnt apply...she can ask for property settlement even after 12 months

Yes. As can you.

if i submit the divorce to oz government now..will she be considered divorced from 2015 or from now the date of submiting?

You were both divorced in 2015 and the overseas divorce is recognised here. No need to apply here for another divorce, and no need to apply for 'recognition' of the overseas divorce.