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Discussion Starter · #1 ·
Hi forum,

Were taking a 'practical approach' and covering all eventualities for our current plans.
I am english and plan to marry my australian partner, in Australia.

The australian divorce info seems to say that you can apply for divorce in Australia if you have lived there for 12 moths, consider it a home etc. - I don't meet any of these requirements.

So our question is, what happens if we needed to divorce? Would I have to apply for a UK divorce? or return to australia? Its so unclear, any help would be much appreciated
 

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In Australia a couple must have lived apart for one year before applying for divorce, so if you separate and continue living in Australia (in a different household) you will fulfil the 12-months-living-in-Australia requirement. If you were to separate and immediately return to the UK, you should apply for a divorce there since in that case the UK your permanent home.
 

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Discussion Starter · #4 ·
Thanks espresso,


If this did occur, I would remain living in the uk and my partner would (due to her immigration status) have to return to australia and live there. With us both living in different countries would we both apply in our respective countries? or would one of us have to travel to the others?

Thankyou very much again for your help!
 

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sorry for the personal question (you may consider it as if it hasn't been asked if it's too personal), but why are you researching divorce before even getting married?
No harm in exploring legal, judicial or constitutional aspects :)

My father being a judge, I have come across many cases where we take things too casually to start with but then the same thing can land us in an endless mess. For example. recent row about difference in surrogacy laws in India and Oz became a diplomatic issue and Australian parents were not even aware that they breached the law.

Better safe than sorry :D
 

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If you have been married less than two years and want to apply for a divorce, you must either:
attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse, or
if you have not attended counselling, seek permission of the Court to apply for a divorce.
The two years are calculated from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce.

Girl Aussie
 

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Discussion Starter · #10 ·
Thanks for your replies guys,

to be honest were looking at this from a practicality point as marriage in the UK is still an option, the practical pros / cons of which place to have the marriage are being considered.

Thanks girl aussie for clarifying that, Sorry were still a bit confused - if we married in australia and haddnt been together for the two years and divorced, would we be able to do the divorce in different countries? eg. myself in australia and my partner in the uk? or would we both have to return to the place the ceremony was held?

Thanks again for your help
 
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