Family Law - Can A Marriage Registered Overseas (Asia) Be Dissolved In Australia

There are many Malaysians who have now made Australia their home. Some come here to study, some to relocate with their families and some come here as a result of breakdown of marriage. When there is a marital breakdown, people sometimes leave their home country without finalising their divorce or custody matters. What then can they do now that they are here in Australia?

The question that comes to mind is does Australia recognise them as being married or divorced? Once they arrive in Australia many would look at starting afresh. However they will always be concerned about whether their marriage in their home country, which they “thought” they left behind would come back to haunt them in the future. Would they now be able to start a new life with someone else? Would they be able to get married without having divorced their former spouse overseas? Would their former spouse now be able to seek maintenance for themselves as well as their children who are still resident overseas? If you are not divorced and die intestate, would your spouse in Malaysia have a claim on your estate here in Australia.

This brings us to the question, i.e. Whether a marriage registered in overseas can be dissolved here in Australia? The Asian belief still reigns that divorce is generally not an acceptable solution to marital woes or disagreements. Hence more often than not, the Asian  counter part will not seek a divorce from their spouse. Although times are changing, it would still not be considered acceptable for one party to seek a divorce in Asia.

In the circumstances, would the party who has now left their home land now be able to do to get on with their life? In other words, can they register another marriage here in Australia without attending to the dissolution of their prior marriage?

So the big question now is - I married overseas, eg in an Asian country, can I get a divorce in Australia? The answer seems to be – Yes you can.

In Australia if you were married overseas, you can apply for a divorce if either you or your spouse:

• regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or permanent 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.

One would have to provide the Court with a copy of their marriage certificate. If the marriage certificate is not in English, then you need to file an English translation together with an affidavit verifying the same as required by law.

So if you have any queries or are unsure about what you need to do, particularly if you have been/are married overseas, are now separated from your spouse and have come to make Australia your home, or for any other family law related matters, visit us at LAC Lawyers and we will assist you in finding the answers you are looking for.