The topic of “married in Fiji divorce in Australia” essentially highlights the legal processes of getting a divorce in Australia. This applies in cases where two parties got married overseas.
Can you marry overseas, and get a divorce in Australia? The short answer is yes.
If you are married in Fiji, a divorce in Australia is entirely possible. Importantly, there are many legal variables if you are married in Fiji, seeking divorce in Australia. In this article we explore key points in relation to the subject ‘married in Fiji, divorce in Australia.’
Being a family law firm, we often get enquiries related to this topic. Read on to find out whether you can get a divorce if you marry overseas, for instance, in Fiji.
Married in Fiji Divorce in Australia: Are There Conditions?
If you were married in Fiji, getting divorce in Australia is possible if you fulfil certain conditions. From the points below, at least one condition must apply to you if you were married in Fiji, and are now seeking divorce in Australia.
Either you or your spouse must:
- Be an Australian citizen (either by descent, birth or grant of citizenship);
- Think of, and consider Australia as your home, and intend to live in Australia indefinitely;
- Be an Australian resident;
- Generally live in Australia, and have lived in Australia for 12 months immediately before filing for divorce application
Moreover, you and your spouse have remained separated for at least 12 months and 1 day. To summarise, if you or your former spouse satisfy any of these conditions, married in Fiji and divorce in Australia is possible.
You will need to file a divorce application, and if you satisfy any of the above-mentioned conditions, the Federal Circuit and Family Court of Australia (FCFOA) will consider the divorce application.
Married in Fiji Divorce in Australia: Examples of Scenarios
To understand the topic of married in Fiji, divorce in Australia better, let’s consider the scenarios given below.
Example 1
- Party A and Party B are from Fiji. They marry each other in Fiji. However, now they wish to file for a divorce in Australia.
- Both parties have been living in Australia from the past 3 years.
- They are eligible for permanent visas in Australia, but want to get a divorce right away.
In this example, they will be eligible to get a divorce as they have considered Australia to be their home for more than 12 months.
Example 2
- Party A and Party B married each other in Fiji. Party B is an Australian citizen, and Party A is an overseas citizen.
- Both parties have separated for the past 2 years or so.
- Party A now lives in Fiji, and Party B has moved to Singapore.
In this case, even though the parties have not resided in Australia for the past year, or never considered Australia as their home, one of the spouses is an Australian citizen by birth.
Therefore, the parties from example 2 are also eligible to get a divorce in Australia.
Other Important Considerations
Just checking the above conditions is not enough. There are other important considerations if you were married overseas or married in Fiji, seeking divorce in Australia. In this section, we discuss some important considerations.
Time Limits
Among the two parties, if one party is overseas, the other party needs to file the application for divorce and serve the application to the overseas party at least 42 days before court hearing.
On the other hand, for divorce in Australia where both parties are in the country, the time limit is slightly less i.e. one party must serve the application to the other at least 28 days before court hearing.
Language of marriage certificate
If you and your spouse married overseas such as in Fiji, there are high chances that your marriage certificate will be in another language i.e. not in English.
In such a circumstance, you will need to hire a qualified translator to translate your marriage certificate to English. Moreover, the translator will need to sign an affidavit stating that the translation is correct, and that they are a qualified translator.
Your spouse is currently overseas
As mentioned above, if one party is in Australia and their former spouse is overseas, they need to serve the divorce application to the party overseas at least 42 days before the court hearing.
However, it might be possible that the party overseas is unresponsive or difficult to locate. In such circumstances, there are alternative options such as:
Dispensation of service: If you make all attempts to locate and serve the application to the spouse, but they still remain unresponsive, you may not need to serve the documents to them.
But for this, you need to make all reasonable attempts to get in touch with your former spouse to satisfy the court.
Substituted service: It is possible that a party can serve all their court documents to a third-party, who will then pass on the documents to the former spouse on their behalf.
Family Law Advice for Divorce and Separation
Process related to divorce and separation can be extremely difficult. This can be especially complicated if you are married overseas and seeking to divorce in Australia.
At JB Solicitors, our award-winning team of family lawyers are experts in handling all complicated matters. Our solicitors have a wealth of experience and are passionate about helping members of our community.
We offer many family law services for a fixed-fee, giving all our clients a clear sense of the costs right from the get go. Moreover, we prepare cost agreements before proceeding with any legal process so our clients are well-aware of all costs.
Most importantly, we are passionate about using out legal knowledge and prowess to help individuals reach desired outcomes. For more information about our services, or if you have any other enquires, do not hesitate to contact our team of experts.
Reach out to JB Solicitors today.
