If you got married outside Australia and are now separating, you might be wondering: can you still get divorced here?

The answer is yes—you can apply for divorce in Australia, even if your wedding took place overseas. But there are a few extra things you’ll need to understand.

This guide explains what matters, what documents you need, and how to navigate the process step by step.

1. Can I Get Divorced in Australia If I Married Overseas?

Yes—as long as you or your spouse have a connection to Australia.

To apply for divorce in Australia, at least one of you must:

• Be an Australian citizen (by birth, descent, or naturalisation)

• Live in Australia and regard it as your permanent home

• Ordinarily live in Australia and have done so for at least 12 months

Example
Anna and Marco married in Italy but later moved to Brisbane. After their separation, Anna applied for divorce in Australia because she had lived there permanently for the past two years.

2. Do I Need to Register My Marriage in Australia First?

No. Australia recognises most valid overseas marriages—you don’t need to register it again here.

But you will need a copy of your foreign marriage certificate, officially translated into English if it’s in another language.

Tip
If your marriage certificate isn’t in English, you’ll need a certified English translation, along with an affidavit from the translator.

3. What About Separation Rules?

Even if you married overseas, you must still meet the same requirements as anyone else applying for divorce in Australia:

• You’ve been separated for at least 12 months

• There is no reasonable chance of getting back together

You can be separated and still live in the same home (called separation under one roof), as long as you’re no longer living as a couple.

4. What If My Spouse Lives Overseas Now?

You can still apply for divorce in Australia if your ex lives in another country. But:

• You’ll need to serve divorce documents overseas

• Some extra time and planning may be required to meet service requirements

Example
Liam married in South Africa but moved to Sydney years ago. When he applied for divorce, his ex-partner was still in Johannesburg. He sent court documents by international registered post and followed up with legal proof of service.

5. Do We Have to Sort Out Property or Children First?

No. Your divorce is just about legally ending the marriage.

You can sort out:

• Property division

• Parenting arrangements

• Spousal maintenance

before or after applying for divorce. Just remember: once your divorce is finalised, you only have 12 months to make a property settlement application, or you may need special court permission.

Final Thought

Getting divorced in Australia when married overseas is more common than you think. With the right documents and a little planning, the process is usually straightforward. Just make sure you meet the residency requirements—and double-check your paperwork.