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; or
- Are an Australian citizen or resident; or
- Are an Australia citizen by birth or descent; or
- Are an Australia citizen by grant of an Australia citizenship; or
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
To apply for a 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 prepared by a certified translator. The translator must file an affidavit confirming the translation.
The marriage certificate, translation and accompanying affidavit must then be filed with the divorce application to the Federal Circuit Court of Australia.
To find a qualified translator, The National Accreditation Authority for Translators and Interpreters (NAATI) is the national standards and accreditation body for translators and interpreters in Australia. NAATI provides an extensive directory of translators that may:-
- Translate from a foreign language to English; or
- Translate from English to a foreign language.
If you need assistance applying for a divorce, contact one of our experienced family lawyers for an appointment today.
