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Divorce for overseas marriage in Australia

FAQ - Divorce for overseas marriage

We have come across several migrant clients who were married overseas and now the marriage has broken-down and the parties intend to lodge for a divorce in Australia.

We have developed some FAQ for your reference, kindly note that content must not be relied for legal advice purposes as each individual circumstances may differ:

  1. I had a traditional marriage in India and my marriage was registered as per the Hindu Marriage Act 1955 in India, is my marriage valid ?
    • Yes, as per - Marriage Act 1961, an overseas marriage which is recognized as per laws of the country in which the parties got married is recognized in Australia. The Indian certificate will be recognized in Australia and there is no further need for registration in Australia.
  2. Can I apply for Divorce for this marriage in Australia ?
    • When making an application for Divorce certain criteria are taken into the account such as:
    • Do the parties regard Australia has home,
    • have lived in Australia and intend to live here indefinitely,
    • Have the parties made proper arrangement for their kids (If they have any)
    • Service of documents to the other side
    • Have been separated for period of at-least 12 months and there is no prospect of reconciliation
  3. Will my Divorce order from Australia recognized in India ?
    • We cannot advice on Indian law, although we can assist you with connecting the dots and to obtain advice on the implication of an Australian Divorce order in India. With our experience we have found that under certain circumstances a Divorce from Australia is recognized in India.
  4. What happens after Divorce ?
    • Within 12 months of obtaining divorce order you must make arrangements in relation to your property settlement with you partner, we also recommend to obtain advice in relation to your estate planning.


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