If the divorce decree is valid in another country, It will be deemed valid in Australia.
Under the Australian Law, before couples can validly apply for divorce, it is required that they live separately for at least 12 months following the breakdown of the marriage.In dismissing divorce cases, the court also takes note of the place where the divorce decree is obtained and the nationalities of the parties involved. It should be noted that Australia is not the only country that grants a divorce.
In an instant wherein either party is not an Australian citizen and obtained a divorce in another country, the other party who is an Australian citizen do not need to file for another divorce application under the Australian Law. The law provides that if the divorce granted by the law of an overseas jurisdiction is valid, it shall also be considered as valid in Australia.
In determining the validity of the divorce decree in another country, the court follows certain procedures. First, the court has to determine which of the party are the respondent and applicant. Second, the law prescribes that an overseas decree will be considered valid if the respondent was a national of the overseas jurisdiction on the date he obtained the divorce decree.
If the divorce decree is valid in another country, the divorce shall also be deemed valid in Australia.
If the couples have properties that need to be divided, the law that will govern the property division will be that of the other country or the court that sanctioned the divorce especially if the property is located overseas. Regardless if the couples are living in Australia, the Australian court cannot exercise its jurisdiction over the properties of the couples situated in other places, provided that one of the parties or both is not Australian citizens or that the respondent is an alien.
The divorce application that is filed by the other party in Australia, after there has been a valid divorce decree from another country may be dismissed by the Australian Courts. If the divorce decree is not valid in another country, then the Australian party can validly apply for divorce in Australia.
The validity of divorce in another country and nationalities of parties involved can greatly affect the application of divorce in Australia. Following some established principles of divorce, the court is granted with the jurisdiction to decide whether or not the application should be granted.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.