1. You or your spouse are an Australian citizen, or
2. You or your spouse think of Australia as your home, or
3. You and your spouse normally live in Australia and have lived in Australia for at least one year immediately before applying for a divorce
If one of these pre-conditions applies to your circumstances, then the Federal Circuit Court of Australia can hear your Divorce Application.
In order to clarify any confusion, the law will be applied to the following scenario. Imagine:
Even though in this circumstance, you are neither an Australian citizen nor you nor your spouse ordinarily reside in Australia, under Australian law you would be entitled to get a divorce in Australia. This is because your spouse remains an Australian citizen.
There are further procedural issues that may arise if you were married overseas but seeking a divorce in Australia. Here are some questions that can arise:
You must file your Marriage Certificate in court and it must be translated into English. The English translator must file an Affidavit:
You must take all reasonable steps to serve the Divorce Application to your spouse. You can apply to the Court for substituted service or dispensation of service if you are having difficulty serving the Application. In order to apply, you will need to complete an application in a case and an affidavit, which are available at www.federalcircuitcourt.gov.au.
Keep in mind that if your spouse lives overseas, after serving them the Divorce Application, you need to allow for at least 42 days before the court hearing.