> Not sure where to start with this one, I am an Australian/British
> Citizen, currently separated but "married" to a fellow
> Australian/British Citizen, living in the UK. He has told me I have
> to wait the maximum years to be granted a divorce by him, I understand
> this is 5 years.
>
> I am about to go over to Australia with my current British partner,
> him being on a Working Holiday Visa for 12 months. If we decide down
> the line to stay in Australia what is the best approach to do this -
> do it whilst we are over there or apply back in the UK?
>
> If we decide to have a family and our child is born in Australia,
> where does that leave us?
>
> Is is best to speak to DIMA first? I am so confused with all this.
>
> Any advice is much appreciated.
>
> Thank you
> Angel
To get around the 5 year problem, you could apply for divorce in
Australia: You need to have lived separately and apart from your spouse
for 12 months and there is no reasonable likelihood of the marriage
resuming AND you need to be an Australian citizen OR have lived in
Australia for 12 months before lodging your divorce application.
If you've been married less than two years, you need to attend
counselling and get a certificate from the counsellor before you can
apply for divorce. Obviously that's not possible in your case, but maybe
you've been married more than two years. Otherwise, you'd have to wait
until the two years are up before you can apply for the divorce.
You can download a "Divorce Kit" for Western Australia
here:http://www.familycourt.wa.gov.au/default.asp?id=37468945
(look on page 3 for "who can apply for divorce in Australia")
For the other Australian states/territories look here:
http://www.divorce.gov.au/
Hope this helps.
Gina
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