Ending a relationship and deciding to get divorced can be a stressful process – especially when you live in a different country to the one that you were married in.

Marriages can occur in almost any nation or country in the world and is a universal institution. You may get married in another country as part of a destination wedding, for cultural significance or because you live or are a resident of another country.

If you’re in Australia but you were married in another country, you may be worried about whether it’s actually possible to get divorced here. To ensure you understand your options, it’s important that you know more about the divorce requirements and processes in Australia.

Ending a relationship and deciding to get divorced can be a stressful process – especially when you live in a different country to the one that you were married in.

In this article, we’re going to discuss the concept of being married overseas divorce and getting divorced in Australia and what you need to know about the divorce process. We will also discuss the differences between the Australian divorce system as compared to other countries and ensure that by the time you’re done with this article, you know your next steps.

Is an overseas marriage valid in Australia?

Before we think about divorce in Australia if you were married overseas, we need to know whether you’re considered married in Australia if your marriage took place in another country.

Generally speaking, in most instances, if your marriage occurred legally and in adherence with the marriage laws of the country you were married in, your overseas marriage will be considered valid in Australia.

There are some circumstances where an international marriage, though legal in the country you were married in, is not considered legal in Australia. For example:

If you were forced into the marriage; or
If either party to the marriage were under the legal age of Australia (18 years) at the time of the marriage; or
If either party to the marriage were already legally married to someone else. Even if polygamy is legal in the country the marriage took place, it’s possible that your marriage will not be considered valid in Australia as polygamy is illegal.

Is a divorce in Australia legally recognised in other countries?

Yes, in most circumstances, if a divorce was legally obtained in accordance with the family law system of Australia, the divorce will be recognised and considered valid in most foreign countries.

If I get divorced overseas, is that recognised in Australia?

An international divorce, foreign divorce, or a divorce obtained in a different country is likely to be recognised in Australia as a valid divorce if it was obtained in adherence to the divorce system of the relevant country. There are some conditions that should be met in order for the divorce to be recognised in Australia, for example, one party to the divorce should be a resident or citizen of the country where the divorce has taken place.

Another potential influencing factor is whether the parties to the divorce were afforded natural justice and proper arrangements were made.

If you have been divorced overseas and want to know whether you are considered to be divorced in Australia, you can always speak to a family and divorce lawyer to find out more information.