I was married overseas and have no marriage certificate; can I get a divorce in Australia?

Short answer – yes.

In Australia, an Application for Divorce is made to the Federal Circuit Court of Australia either solely or jointly with your estranged spouse. Here at Carter O’Neill Legal, we can help you with either situation.

You must satisfy to the Court:

1. That you have a legal marriage.
2. That you have been separated with your estranged spouse for a minimum of 12 months (you can still be living under the same roof for any of this period).
3. If you have been married for less than two years, that you have attempted counselling.
4. If there are children under the age of 18, there is appropriate arrangements for their care.

If you are married in Australia, to prove that the marriage was valid you must produce a copy of the marriage certificate with your application. If you are married overseas and do not have an Australian Marriage Certificate, you must satisfy the Court:

1. That your marriage is recognised under the law of the country where the marriage was held.
2. A marriage certificate or other record entity was issued in that country.
3. Both parties were 18 years old at the time of marriage (in some circumstances, 16 years of age will suffice).
4. Neither party were married to other people at the time of that marriage.
5. The marriage was consensual.
6. The parties are not in a prohibited relationship (for example, father/daughter or brother/sister).

The above six requirements can be satisfied by preparing and filing an ‘affidavit in lieu of marriage certificate’. It is also important to remember that any document filed must be translated into English by a qualified translator.

WHEN YOU NEED A DIVROCE LAWYER, WE ARE HERE TO HELP

Here at Carter O’Neill Legal, we offer a fixed-fee divorce application service. We will take care of your application and ensure that all the correct forms are drafted and filed within the timeframes required. If you are unsure of where your estranged spouse is located, we can attend to having them served personally with the documents.

Contact us today on (02) 4308 8892 or info@carteroneill.com.au for any of your family law enquiries.