I'm an Australian citizen living overseas — can I divorce in Australia?

Yes. Citizenship alone gives the Court jurisdiction, even if neither of you lives here now.

We're both on temporary visas in Australia — where can we divorce?

If one of you has lived here for the last 12 months you can divorce in Australia; otherwise usually in a country of citizenship or residence. Ask us — domicile can sometimes apply.

Will my Australian divorce be recognised in my home country?

In most countries, yes, sometimes after registration. We'll tell you if we know of an issue and recommend you check locally if it matters to you.

Divorce in Australia or Overseas? How to Choose

Should we divorce in Australia or overseas?

If one of you is an Australian citizen, domiciled here or has lived here for the last 12 months, you can apply in Australia wherever the other person lives and wherever you married. Whether you should depends on where you'll need the divorce to be recognised, where property and children are, cost, and speed. An Australian divorce order is recognised in most countries, though some require a local registration step; and most overseas divorces are recognised here. Below is how to think it through — and when to get advice before choosing.

Reasons to divorce in Australia

You qualify (one of you meets the Australian connection test) and you want a fixed-price, online process with no court attendance.
You plan to remarry or stay in Australia — an Australian order is the simplest document to rely on here.
You have property or children in Australia — divorce here keeps related proceedings in one system (the divorce itself doesn't decide them).
Australian divorce is no-fault and needs only 12 months' separation; some countries require fault, longer separation or mutual consent.

Reasons to divorce overseas

Neither of you meets the Australian connection test.
Your main assets, home and children are in the other country, and that country may not recognise an Australian order without extra steps.
The other country's process is quicker for your circumstances (occasionally true; often not).

Will an Australian divorce be recognised overseas?

Most countries recognise a divorce granted where a spouse was resident, domiciled or a national — which describes an Australian divorce of an Australian-connected couple. Some countries require the foreign order to be registered or "recognised" by a local court before it has effect (for remarriage or property registries). If it matters — remarriage abroad, overseas property, immigration — check that country's rules, or ask us to flag what we know.

Don't run two divorces at once

If proceedings are already on foot overseas, tell us. Starting a second application in Australia can create conflicting orders and wasted fees. Our eligibility check asks; a lawyer reviews before you pay.

What we'll do

Confirm jurisdiction for each of you; ask where you'll need the order to be effective; flag recognition issues we know of; and, if divorcing here is right, handle the whole application online — including international service if your ex is overseas. Spouse overseas →

Check if you're eligible

or call 1800 976 214

Two minutes · no obligation · a lawyer confirms everything before anything is filed