If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:
• regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
• are an Australia citizen by birth or descent
• are an Australia citizen by grant of an Australia citizenship
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:
• an English translation of it, and
• an affidavit from the translator which:
• states his or her qualifications to translate
• attaches a copy of the marriage certificate
• attaches the translated marriage certificate
• states that the translation is an accurate translation of the marriage certificate, and
• states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.
The information contained herein is not intended to be a complete statement of the law on any subject and should not be used as a substitute for legal advice in specific fact situations.