We specialise in handling divorce applications and responses, as well as annulment applications. From child custody to property division, we can help you manage all factors of a separation in Australia. Our commitment is to ensure your rights, emotional well-being, and future stability are protected even while you are abroad.
We approach each case with compassion, transparent communication and a focus on securing the ideal outcome for you. We are ready to support you every step of the way through this often difficult process. Contact our Melbourne-based divorce lawyers to discover how we can assist you in navigating divorce from a distance with confidence.
How to Apply for Divorce While Abroad
The first step is to establish if Australia has jurisdiction over your divorce. Generally, you can apply for divorce in Australia if you are an Australian citizen or resident, or regard Australia as your permanent home.
2. Legal Representation:
Seek legal representation from a qualified divorce lawyer specialising in handling cases for Australian expatriates living abroad. They will guide you through the process and ensure all necessary documentation is completed accurately.
3. Filing for Divorce:
Once jurisdiction is established, file an application for divorce with the Family Court of Australia. This can often be done electronically, which is convenient for expatriates residing outside of Australia.
4. Serving Documents:
Serve divorce documents to your spouse, following the legal requirements of the jurisdiction where they reside. This may involve using international service methods or engaging local legal assistance.
5. Divorce Hearing:
If the divorce is uncontested and all requirements are met, a divorce hearing may not be necessary. However, if there are contested issues, a court hearing may be scheduled to resolve them. This may be done online for expatriates living abroad.
6. Finalisation of Divorce:
Once the waiting period has passed and any outstanding issues are resolved, the court will grant a divorce order. This officially dissolves the marriage, allowing both parties to move forward independently.
Post-Divorce Matters For Australian Expatriates
1. Child Custody and Visitation:
If there are children involved, it is important to determine custody arrangements that consider the best interests of the children while also accommodating the logistical challenges of living abroad.
2. Property Division:
Divorce lawyers can help address the division of assets and property acquired during the marriage, taking into account international laws and agreements that may affect ownership rights.
3. Financial Settlements:
Couples are required to resolve financial matters, including spousal support (if applicable), by negotiating fair and equitable settlements that comply with Australian laws and any relevant international agreements.
4. Enforcement of Orders:
It is imperative to ensure that any court orders related to custody, visitation, or financial arrangements are enforceable across international borders, and to seek legal assistance if enforcement becomes necessary.
5. Updating Legal Documents:
Legal documents such as wills, trusts, and beneficiary designations must be updated to reflect changes in marital status and ensure your wishes are accurately represented post-divorce.
6. Emotional Support:
It is best to seek emotional support from friends, family, or professional counsellors to cope with the emotional challenges of divorce, particularly when living far away from your support network.
Our Services
Dividing your marital assets and debts fairly according to Australian law, including home, vehicles, investments, and retirement accounts.
Prioritising the best interests of your children by advocating for custody arrangements, visitation schedules, and child support calculations and enforcement.
Assisting you with alimony or spousal support claims by assessing your finances and negotiating a fair arrangement that reflects your contributions to the marriage.
Providing compassionate legal support and representation for victims of domestic violence seeking protection orders to ensure your safety and well-being.
Running a validity and enforceability review and renegotiating or challenging a prenup or post-nuptial agreement to protect your interests.
Advising you on whether mediation is suitable for your case and guiding you through the process while making sure you are aware of your rights and legal options before the mediation.
Frequently Asked Questions
Can I file for divorce while living abroad?
You also must show the court that you have been separated from your spouse for at least 12 months, and either solely or jointly agree and acknowledge that the relationship has irretrievably broken down.
How long does the divorce process take?
Will I need to appear in court?
How does living abroad affect the divorce property settlement process?
However, living abroad may complicate the division of assets and property acquired during the marriage. Our lawyers can guide navigating international laws and agreements that may impact property settlement and ensure your rights are protected.
How does child support work for Aussie expats living abroad?
Will my divorce settlement be affected by the laws of the country where I currently reside?
How can I enforce court orders related to my divorce if I live abroad?
What should I do if my ex-partner is not complying with court orders?
We have considerable expertise in helping locate people domestically or internationally to prove to the court that the documents have been sent to them.
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