Marriage in India - File for Divorce in Australia?
- Thread starter Chiranjeeve
- Start date
Sorry for a kinda off-topic, but I have a similar question and don't want to post the similar question as a new topic. Are there any trusted sites for a online divorce in Australia (i.e. like https://onlinedivorcer.com/ in US) so I could file for divorce without visiting country till the court session?
An earlier responder said....
"
The Family Law Courts 'Divorce' page provides information about divorcing in Australia if you were married overseas. Have you checked the sitte out? Most relevant to your questions, it provides:
I married overseas – can I get a divorce in Australia?
If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:
Be advised... this is NOT quite true for every country. Some countries only recognise divorce if filed within the country of marriage. Buddy of mine was told to get divorced in Australia and just file the divorce papers (by post) in the country where he was married. He did this and received them back with a letter advising that the Australia divorce papers were NOT recognised in Vietnam unless he and his former spouse attended together to physically lodge the papers. His other choice was to file for divorce in Vietnam under Vietnam law without her attending, by filing a petition in court, serve the documents on her to sign, and if she failed to sign (which would be the case as he does not know where she is now), wait the prescribed period and return to court to formally receive the divorce. He does not have the time nor money to do that now. This would mean two seperate trips to Vietnam months apart.
Effectively, he is still legally married under Vietnam law to his ex who now resides in Australia and has no intention of going back to Vietnam.
"
The Family Law Courts 'Divorce' page provides information about divorcing in Australia if you were married overseas. Have you checked the sitte out? Most relevant to your questions, it provides:
I married overseas – can I get a divorce in Australia?
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."
Be advised... this is NOT quite true for every country. Some countries only recognise divorce if filed within the country of marriage. Buddy of mine was told to get divorced in Australia and just file the divorce papers (by post) in the country where he was married. He did this and received them back with a letter advising that the Australia divorce papers were NOT recognised in Vietnam unless he and his former spouse attended together to physically lodge the papers. His other choice was to file for divorce in Vietnam under Vietnam law without her attending, by filing a petition in court, serve the documents on her to sign, and if she failed to sign (which would be the case as he does not know where she is now), wait the prescribed period and return to court to formally receive the divorce. He does not have the time nor money to do that now. This would mean two seperate trips to Vietnam months apart.
Effectively, he is still legally married under Vietnam law to his ex who now resides in Australia and has no intention of going back to Vietnam.
Similar threads
