Immigration - divorce issues

**chris 123** · 05-01-2012, 11:44 AM

hellow every one my name is chris ,i was wondering if any one knows if it is possable for my philippino girlfriend to obtain a devorce in australia and not the philippines she has been seperated for 16 years and we want to marry but its going to take so long to get a devorce in the philippines thanks.

**ladyarkles** · 06-01-2012, 12:18 AM

Hi Chris,

welcome to PIA!

As far as I am aware, you need to obtain the divorce from the same jurisdiction in which the marriage was registered.
This means if she was married in the Philippines, that is where she will need to apply for a divorce.

I have found a site that offers some answers to questions about divorce in the Philippines; this may give you somewhere to start looking.
Philippine e-Legal Forum

Good luck with everything.

~ Rachel

**wizzywozza** · 06-01-2012, 01:11 AM

YES you can get a divorce granted in Australia if you were married overseas, and are a resident of Australia. It's quite an easy process with NO need to contact the country of marriage, providing you have all the paperwork regarding that marriage i.e. the official marriage certificate. You can even print off the application forms via the link I have put below.

I was married in the UK in 1982 and divorced in Adelaide in 2003 .... no probs.

http://australia.gov.au/life-events/...tting-divorced

I married overseas – can I get a divorce in Australia?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
are an Australia citizen by birth or descent
are an Australia citizen by grant of an Australia citizenship
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:

an English translation of it, and
an affidavit from the translator which:
states his or her qualifications to translate
attaches a copy of the marriage certificate
attaches the translated marriage certificate
states that the translation is an accurate translation of the marriage certificate, and
states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

**ladyarkles** · 06-01-2012, 01:17 AM

Thanks, Wizzy, for that info!

I was told by my solic. back in the UK that I wouldn't be able to do it due to the different jurisdictions and so on.

Good to have accurate information. It would have made my life a lot easier! LOL

~ Rachel

**wizzywozza** · 06-01-2012, 01:42 AM

No worries .............. the hard part is handing over the fee!

Sharon

**chris 123** · 06-01-2012, 02:26 AM

thank you all very much most helpfull

**Pam777** · 06-01-2012, 03:15 AM

I was married in Jamaica and got divorced in UK before moving to Adelaide. I did all the work myself and didn't use a solicitor so wasn't expensive and was quite easy to organise.

**chris 123** · 06-01-2012, 05:39 AM

Originally Posted by Pam777

I was married in Jamaica and got divorced in UK before moving to Adelaide. I did all the work myself and didn't use a solicitor so wasn't expensive and was quite easy to organise.

thank you .

**Maria Day** · 06-01-2012, 05:58 AM

Hi Chris,
I am also from Philippine. If she was married in Philippine then she will have to file the divorce over there. It should not take that long to get divorce providing you are willing to pay for a good lawyer, it is expensive but it can be done. Having said that just read Wizzywozza post. If you can do it that way, it is probably the easiest way. Good luck!