11. What if we were married overseas?
You can apply for divorce if you were married overseas as long as either you or your former partner:
- are Australian citizens or residents, or
- regard Australia as your permanent home.
You will need a copy of your marriage certificate. If your marriage certificate is not in English, you will need:
- an English translation of the marriage certificate, and
- an affidavit from the translator which:
- states his or her qualifications to translate
- attaches a copy of the marriage certificate
- attaches the translations
- states that the translation is an accurate translation of the marriage certificate
- states that the attached copy of a marriage certificate is a true copy of the marriage certificate translated.
12. Do I have to attend Court?
Generally, no. We will attend for you. If you have children, it is sometimes better if you do attend. We will advise you about this when we know your individual circumstances.
13. Can I remarry straight away?
It is illegal to remarry before the divorce becomes final. To do so is an offence (bigamy) and the second marriage is not legal. Your Divorce will not become final until the expiration of one month after the divorce was granted.
14. What happens if there are children of the marriage?
Where there are children of the relationship under the age of 18 the court might not grant a divorce unless proper arrangements have been made for their care and welfare and those arrangements have to be explained to the Court. We will advise you about this.
15. Are children of a prior relationship regarded as children of the
All children that were treated as a family member immediately prior to separation are included as children of the marriage. This includes step children and foster children. The arrangements for all children have to be disclosed.
16. What about arrangements for children, maintenance or property?
The granting of a divorce does not determine issues of children, maintenance or property. These are separate issues which we may assist you with prior, during or after your divorce is granted.
Please note that you must file an application for maintenance or application for property division within 12 months of your divorce becoming final.
17. Do I have to wait to be divorced to finalise parenting and/or property arrangements?
No, you can make arrangements about property and parenting issues at any stage. If you want to apply to the Court for orders in relation to property, however, you need to do this at the latest within 12 months of your divorce becoming final. If you have just separated from your partner, or even if you are only thinking about separation, you may wish to speak to an experienced family lawyer now to find out more about your rights and obligations in relation to property and parenting matters.
18. Can I revert back to my maiden name after my Divorce? What about my children’s surname?
You can use your maiden name even before your divorce if you want. Changing your children’s names is more complex; we can advise you about that if you wish.
19. Does a divorce affect my Will/Superannuation?
Almost certainly it does, as any gift in a Will to a spouse becomes invalid on divorce. You should seek our advice about a new Will and nomination of a beneficiary for your superannuation and life insurance.