Q. If I got married in another country, can I get divorced in Australia?
Provided one party to the marriage is an Australian citizen and resides in Australia or if one party to the marriage has been ordinarily resident in Australia for one year immediately preceding the filing of an application for divorce order, you can apply for a divorce in Australia.
Enquiries will need to be made to establish if the divorce granted in Australia will be recognised in the country of marriage. You can contact us to assist you with these enquiries and to obtain a divorce in Australia.
Q. What if my spouse does not live in Australia can I still commence divorce proceedings here?
You can institute proceedings in a Court in Australia if one party to the marriage is an Australian citizen and resides in Australia or if one partyto the marriage has been ordinarily resident in Australia for one year immediately preceding the filing of an application for divorce order.
Provided one spouse can fulfill the above requirements, even if theother spouse does not live in Australia, divorce proceedings canbe instituted in Australia.
Special arrangements are then made for the service of the Divorcepapers on the spouse that is outside of the country.
We can assist you in your divorce application in Australia, contact us.
Q. Is it necessary to change my Will now that I am divorced?
Whenever there is a material change to your circumstances, such as the birth of a child, marriage, separation or divorce, you should always review your will and if necessary draw up a new will. There is no need to wait until a divorce order has been granted, you can change your will at any time and as often as you like. You must ensure that your Will has been properly prepared and signed by the relevant parties and witnesses. We suggest that you contact us about your will and the formalities of executing a will.
Q. Do I have to change my superannuation policy/life policy/insurance policy now that I am divorced?
Upon separation, you should review all polices, including your superannuation, in particular noting who the beneficiary is of those polices. In many cases the beneficiary of the policy may be your current partner and once your relationship has broken down it’s appropriate to review this and make your policy providers aware.
Q. When does separation occur?
Separation usually occurs when one party to a marriage communicates to the other their intention to end the relationship. That communication can take place in a number of ways and whether or not you are or are not separated at a particular date does depend on your individual circumstances. There are many previous cases ranging over a wide variety of facts arguing different dates of separation in different circumstances.
Q. When can I get a divorce?
In Australia, you can begin to apply for a divorce once you have been separated from your spouse for 12 months. We can assist you with applying for a divorce, particularly if you face some unusual or difficult circumstances such as not knowing where your spouse is or perhaps where there have been one or many periods of attempted reconciliation throughout the 12 month period of separation you wish to rely on.