International Divorce Lawyers Brisbane
We are knowledgeable international divorce lawyers extensively equipped to handle your divorce matter with compassion and care, making the entire international divorce process easy. Using our international family lawyers you can relax that your family law case will be resolved in a fair and compassionate manner.
Our knowledgeable, friendly, easy-going divorce lawyers understand the special legal rules and can explain them to you with ease and excellence, below are some common and practical questions we often receive about international divorce.
- Is it possible to achieve a divorce in Australia if you were married overseas?
- Is it possible to get an international divorce accepted in Australia?
- Are Australian divorces treated equally internationally?
- Divorcing someone who is happily living overseas
- Other international considerations (guidance on parenting and property)
Is it possible to achieve a divorce in Australia if you have an international marriage?
Using our divorce lawyers, you can easily get a divorce in Australia if you were married overseas if you meet a few simple requirements.
Step 1. Essential Residency Requirements
For an international marriage to be accepted by the courts you must meet essential, residency and citizenship requirements, you must either:
- Accept Australia as your home and intend to live here;
- are an Australian citizen; or
- ordinarily, live in Australia and have done so for at least 12 months before you file for divorce.
Step 2. Essential Australian Divorce Requirements
In order to get a divorce in Australia, you also need to meet the essential requirement of getting a divorce in Australia. This doesn’t require anything vast or extensive and can be really easily proved; you usually just have to be separated for 12 months.
Step 3. Is your overseas marriage accepted by the Australian family courts?
It is possible and in many cases beneficial for an overseas marriage to be accepted by the family courts, however, there are some frank rules the Australian family court must follow to accept an international marriage:
- the marriage must be accepted as valid in the country it took place in;
- if the marriage had been done in Australia it would be accepted as valid (i.e everything is aboveboard);
- each of the parties aren’t youth under 18 (or 16 in some cases) and this has been verified;
- the marriage was free from duress and completely consensual; and
- the marriage is not between incestual relations.
Our capable international divorce lawyers can guide you through the international divorce process with ease making you feel empowered and encouraged along with way.Luke Cudmore
Is it possible to get an international divorce accepted as valid by the Australian family court system?
In most cases your overseas divorce will be accepted in Australia, however, it can depend on:
- whether the parties to the divorce had a sufficient connection to the country the divorce was granted in; and
- whether the parties were given natural justice.
However, even if the divorce is recognised you might not necessarily be prevented from or protected from a claim on the marital property.
Are Australian divorces treated equally and equitably internationally?
Each international country is vastly unique and will often have similar but unique laws and regulations however it is possible for Australian Divorce Decrees to be openly accepted, although it would be wise to seek legal advice in the country that you wish to accept your Australian divorce.
What if I am seeking to divorce someone who is now happily living overseas?
You are free to divorce someone overseas; this is made easily possible by serving them with divorce papers. International service requirements vary depending on the country that the person is living in so it is usually best to engage a confident service consultant to effect service on your former spouse. Note if the country is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention) any certificates or affidavits confirming service or attempted service will be recognised by Australian law.
Guidance on making favourable parenting and property decisions using international family lawyers
Before you get an international divorce in Australia or apply for international divorce, we encourage you to entrust legal counsel who can assist you to foresee what is best in your circumstances.
Each country has different sometimes flamboyant laws and regulations relating to property and parenting. Applying for divorce in the best country for you could have lucrative financial and parenting implications.
With our 24-hour phone answering, if you want your international family law matter resolved with quality and care, you can have confidence that we are working zealously to provide you with fast solutions.
Our adaptable international divorce lawyers often achieve advantageous solutions for our clients even in the most complex circumstances. Please call our enthusiastic and knowledgeable international divorce lawyers who are more than happy to assist you on (07) 3317 8346.
We are in a popular Brisbane quite shopping centre or we have city Brisbane offices with easy street parking.