WA Divorce in Australia for PR and Overseas Marriage

[Ami]

Hi I want to know the divorce process in Australia for overseas marriage.me and my husband. We both are permanent residents here. We don't have any kids. It's been more two years in Australia.

So how long will it take under family law to divorce in Australia if both of us are willing to divorce each other? What if I go and divorce in my country. Is it valid or accepted in Australia? Or it is, do we have to divorce here in Australia being a resident?


Thank you

 

[Sophea]

Dear Ami,

You can apply for a divorce in Australia if either you or your spouse:

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

Divorce in Australia

These are the main steps

1. You need to make an application to the Court to obtain a divorce. You will need to show that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of returning to married life together. It is possible to live together in the same home and still be separated. Therefore the first step you need to take is to "legally" separate. This pdf leaflet provides more information on how to legally 'separate' prior to divorce: http://www.legalaid.qld.gov.au/publ...on-guides/Documents/youandfamilylaw_short.pdf
2. In order to apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee. In some circumstances you may be eligible for a reduced fee. For more info on fees go here: fees brochure.
3. You can either see a lawyer to file for divorce for you, or you can get an Application for Divorce Kit which has instructions for completing the application and filing it. It includes an Application for Divorce form.

It generally takes around 2 years to finalise a divorce and property settlement etc.

This is a helpful document from the WA family court website: http://www.familycourt.wa.gov.au/_files/Marriage_Families_Separation 040708.pdf

Divorce from a foreign country

Your status as a married couple in Australia only stems from recognition of your foreign marriage. Therefore, if your foreign marriage ends, then you will not be considered married in Australia.

You have the option of obtaining a divorce either way.

Hope that helps.

 

[Ami]

Thanks Sophea for your reply. U mean that I can divorce in my country also. If it takes 2 years to divorce here then it's really long period time.

 

[Sophea]

No worries Ami.

Yes I would do some research in the country that you got married in, I don't know whether they would allow you to divorce there if you are residents here in Australia now, or whether they would require the same 1 year period of separation prior to divorce. You can obviously get things moving as quickly as possible - and make sure you are recognised as legally separated straight away, then file your application as soon as your 1 year separation expires, and have it completed in less time (i.e. 14-18 months) however around 2 years is typically what it ends up being for most people with property settlements and all.

 

[Ami]

Thanks a lot for your kind concern. We are from Nepal. So does it matter that which country we got married in? If we are married there I think we can also divorce there. Here if it takes a lot of time then it will be easiesr to divorce in my native country. I can also show that we are separated for more than 1 year. Did you state that 2 year period including 12 months separation ?

 

[DennisD]

Hi Ami. I think your follow up questions are addressed in Sophea's initial response - if you revisit this and do a bit more research into separation laws in your home country Nepal, you may be better placed moving forward to have a timely divorce

 

[bena sota]

Thanks a lot for your kind concern. We are from Nepal. So does it matter that which country we got married in? If we are married there I think we can also divorce there. Here if it takes a lot of time then it will be easiesr to divorce in my native country. I can also show that we are separated for more than 1 year. Did you state that 2 year period including 12 months separation ?

Dear Ami,
I was wondering if you got some information about the divorce process in Nepal. I am similar situation as yours and I am currently living abroad. I would be really grateful if you could share some information regarding divorce in Nepal (from abroad) if you have any!
thank you

 

[Sophea]

Hi Ami,

yes the 2 year married period includes the 12 month separation period. So you can be separated for 12 months of that 2 years and apply for divorce in Australia.

 

[Roshan]

It's interesting. Thanks for all those answers Sophea. I wonder if they need to go overseas as they were married overseas to finalize the process?

If people want it earlier, how does it work? Just in case they left Australia during the waiting time of 12 months. Can the one who is here be granted divorce? Or if one of them will not willingly sign off? How would it work? How will the other person take this action?

Thanks a lot

 

[Sophea]

If people want it earlier, how does it work? Just in case they left Australia during the waiting time of 12 months. Can the one who is here be granted divorce? Or if one of them will not willingly sign off? How would it work? How will the other person take this action?

You can't get it earlier. The law says 12 months separation. If you don't do it you don't get divorced.

If one party refuses to sign the forms or attend the hearing a divorce can still be granted unilaterally.