SA Married in Vietnam - How to Get a Divorce in Australia?

[Khiem]

I married in Vietnam 8 or 9 years ago and we separated a while after, and haven't been in contact since, so it should be about 8 years now without any contact.

I want to know how I can divorce her here in Australia. I do not know where she is. Can I still get a divorce without her?

Do I just go to the family court and applied by myself? And what if I find her, is there an application at family court that I can sign and send to her to sign to get the divorce done?

Also she is still in Vietnam, and a few years ago I heard she was married and had kids.

 

[Sophea]

Hi Khiem,

You are able to apply for a divorce in Australia if you or your ex wife:

• 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.

You also need to prove that you and your ex wife have lied separately for at least 1 year and there is no reasonable likelihood of resuming your marriage.

You start the process by filling out an application for divorce and filing it with the family court together with the filing fee. If you don't know where your spouse is then you can apply yourself as a sole applicant and your spouse will be the respondent. You can serve her with the orders when they are made.

Is it not a requirement in Vietnam that you must be divorced from any previous relationship in order to get married again?