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.
More information can be obtained from Brisbane Family Lawyers at Best Wilson Buckley Family Law.
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.