Getting A Divorce In Australia If You Were Married Overseas
With the ever-increasing number of people who are choosing to live overseas, it is not uncommon to have couples from other countries living in Australia permanently. However, that does not make them immune from relationships turning sour, and should that couple decide to divorce, they will need help and advice from Perth family lawyers.
That would also be the case for couples who were born in Australia, got married here, and live here, but for those who were married overseas, getting divorced in Australia means that there may be some doubts in the minds of some of them as to how it can be done, and indeed to question if you can get be divorced in Australia if you were married overseas.
As any divorce lawyer will tell you, you can indeed get divorced in Australia if you were married overseas. However, as with any divorce, there are certain criteria that have to be met for the divorce to proceed and be validated by the court.
The first set of criteria relates to a couple’s relationship breaking down and the requirement that in order to be divorced, they must have separated and been living apart for a minimum of 12 months. The other scenario that the court will want to be confirmed is that there is no reasonable chance that the couple will reconcile and get back together.
Obviously, with the fact that the couple may not be Australian nationals and with them having been married overseas, the court will also want confirmation that the couple, although living apart, are both permanent residents of Australia and have lived here for a minimum of 12 months.