If you got married overseas and are now separating or divorcing in Australia, you might be wondering whether you can apply for a divorce here or need to return to the country where you married. The good news is that getting divorced in Australia if you got married overseas is usually possible, provided you meet certain legal requirements.
Understanding how overseas marriages are recognised, which documents you’ll need and where you can apply can help make the process more straightforward.
How Do I Get Divorced in Australia If I Got Married Overseas?
If you’re an Australian citizen or permanent resident and got married in another country, you can generally apply for a divorce in Australia, provided your marriage is legally recognised and you meet the eligibility requirements under Australian family law.
You don’t need to have married in Australia to get divorced here. However, you’ll need to establish that your marriage is valid and that you meet the legal requirements to apply for an Australian divorce.
If you’re on a temporary visa or partner visa, it’s important to consult a registered migration agent before making decisions about divorce. Your separation or divorce may affect your visa entitlement or conditions, depending on your circumstances.
If you’re asking yourself ‘how do I get divorced in Australia if I got married overseas‘, here are 6 things you need to know first.
Is Your Marriage Recognised In Australia?
Before you can apply for a divorce in Australia, your overseas marriage must be recognised under Australian law. Generally, a marriage legally performed in another country will be recognised in Australia, provided it meets the legal requirements of that country and doesn’t fall into a category that Australian law prohibits.
For example, your marriage may not be recognised if one of you was already married to someone else at the time, or if the marriage falls within certain prohibited relationships. Australian law also has specific requirements concerning the legal age for marriage.
You’ll usually need to provide evidence of your marriage when applying for a divorce. If there’s uncertainty about whether your overseas marriage is legally recognised, it’s worth obtaining legal advice before submitting your application. A family lawyer can help you understand whether your circumstances meet the requirements under Australian law.
Where Do You & Your Spouse Live?
Where you and your spouse live can affect whether you’re eligible to apply for a divorce in Australia. You don’t necessarily both need to live in Australia, but at least one of you must meet the relevant requirements under the Family Law Act 1975.
You can generally apply for a divorce in Australia if, on the day you apply, at least one of you is an Australian citizen, is domiciled in Australia, or has ordinarily lived in Australia for the previous 12 months and intends to continue living here indefinitely.
If you live in Western Australia, you’ll generally apply through the Family Court of Western Australia. If your spouse lives overseas, you may still be able to apply, although additional steps may be required to serve them with the divorce application.
If you’re unsure whether you meet the residency requirements, getting legal advice from an experienced family lawyer can help clarify your options before you start the process.
Is Your Marriage Certificate In Another Language?
If your marriage certificate was issued overseas in a language other than English, you’ll generally need to provide an English translation when applying for a divorce in Australia.
The court needs to be able to understand and verify the information on your marriage certificate, so it’s important to ensure your documents meet its requirements. You may need to arrange for a translation by a suitably qualified translator, such as a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).
You’ll generally need to provide a copy of your original marriage certificate alongside the English translation. If you don’t have your original certificate, you may need to contact the relevant authority in the country where you married to obtain a replacement.
It’s best to check the current court requirements before lodging your application, particularly if your documents are difficult to obtain or come from a country with a different language or documentation procedures.
Do I Need To Get Divorced In The Country We Were Married In?
No, you generally don’t need to get divorced in the country where you married. If your overseas marriage is recognised under Australian law and you meet the Australian eligibility requirements, you can usually apply for a divorce here.
This can be particularly helpful if you chose to marry outside of Australia, or if you’ve moved to Perth or elsewhere in Australia and no longer live in the country where your marriage took place. You generally won’t need to travel overseas simply to end your marriage.
However, if you or your former partner have assets, property or legal proceedings in another country, there may be additional issues to consider. A divorce granted in Australia may also need to be recognised overseas, depending on the laws of that country.
If you’re considering divorce proceedings in more than one country, seek legal advice before taking action. Starting proceedings in different jurisdictions can create complications, particularly when financial matters or parenting arrangements are involved.
What If We Have Children Together?
If you’re getting divorced in Australia and have children with your spouse, your divorce application is separate from arrangements for their care. The divorce itself formally ends your marriage, but it doesn’t automatically determine parenting arrangements, child support or how your property will be divided.
If you and your former partner can agree on parenting arrangements, you may be able to formalise those arrangements through a parenting plan or consent orders, depending on your circumstances. If you can’t agree, family mediation may help you work towards a solution, although exemptions can apply in certain situations.
International circumstances can make parenting matters more complicated. For example, if your children live overseas or one parent wants to relocate internationally with them, there may be additional legal considerations.
It’s important to understand your rights and responsibilities under Australian family law, particularly where children are involved. Getting family law advice early can help you make informed decisions about their care and your family’s future.
How Long Do I Need To Be Separated Before Applying For Divorce?
In Australia, you generally need to be separated for at least 12 months before you can apply for a divorce. This requirement applies whether you married in Australia or overseas.
Separation occurs when at least one spouse decides the relationship has ended and communicates that decision, even if the other spouse doesn’t agree. In some circumstances, you can be separated while still living under the same roof, but you’ll need to provide additional information to the court to establish that the separation was genuine.
If you’re applying for a divorce after marrying overseas, the 12-month separation requirement still applies. If you’re unsure when your separation period began or whether you’re ready to apply, a family lawyer can help you understand the requirements and prepare for the next steps.
How Hickman Family Lawyers Can Assist With International Divorce
Getting divorced after marrying overseas can raise questions about your eligibility, documentation and the legal steps involved. At Hickman Family Lawyers, principal family lawyer Ella Hickman and her team of family lawyers in Perth can help you understand how Australian family law applies to your circumstances and what you need to do next.
Whether you’re an Australian citizen who married overseas, a permanent resident who has settled in WA, or someone whose spouse now lives in another country, it’s important to understand the requirements before starting your application.
A family lawyer can help you navigate the divorce process, explain how your divorce relates to other family law matters and identify any potential complications involving overseas assets, children or proceedings in another country.
If you’re asking ‘how do I get divorced in Australia if I got married overseas‘, getting legal advice tailored to your situation can give you greater clarity about your options and help you move forward with confidence.
If you married overseas and are now living in Western Australia, getting divorced in Australia if you got married overseas is generally possible, provided your marriage is recognised and you meet the legal requirements. Understanding your eligibility, gathering the right documents and knowing how the process works can make things easier during an already challenging time.
If you need guidance, Hickman Family Lawyers can help you understand your options. Our family lawyers in Perth offer a free, 15-minute, no-obligation information call to discuss getting legal help with your separation or divorce in Australia.
