Do I need the original certificate?

No — a good-quality copy is uploaded with the application. Keep the original safe.

We can't get the certificate from overseas. What then?

We can help you request it from the overseas registry, or if that's impossible, prepare an affidavit explaining the marriage and why the certificate can't be produced.

We're both on temporary visas — can we apply?

Only if one of you has lived in Australia for the 12 months before applying (ordinarily resident) or meets the domicile test. Talk to us — it's often satisfied.

Do I have to provide a citizenship certificate?

No rule requires it. But where you married overseas, registries commonly ask for a passport, citizenship certificate or proof of permanent residency, and the Court's guidance asks for it too. We collect it upfront so your application isn't sent back.

Married Overseas? How to Get Divorced in Australia (2026)

What you'll need

Your overseas marriage certificate (a clear photo or scan is fine).
If it's not in English: a translation by a NAATI-accredited translator plus a short affidavit from the translator — we arrange it as a disbursement at cost (we tell you the translator's fee before we order it). Translation →
Proof of the Australian connection for at least one of you — Australian passport, citizenship certificate, or visa/residence details.

Religious or customary marriages

If your marriage was legally registered in the country where it happened, it counts. If it was a religious ceremony that wasn't legally registered, talk to us — different rules may apply.

If your ex is still overseas

You can still apply alone; we serve them internationally and allow the 42-day period. Spouse overseas →

Will the divorce be recognised in my home country?

An Australian divorce order is generally recognised in most countries, but some require a local registration step. If it matters to you (remarriage, property abroad), we'll flag what to check. Divorce in Australia or overseas? →

Already divorced overseas?

If you've already been divorced in another country, that divorce is probably recognised here and you may not need to apply again. Is my overseas divorce recognised in Australia? →

What the Court actually requires

There is a lot of confusion about this, including on the Court's own website. No practice direction and no rule requires you to file a citizenship certificate. The Family Law Practice Direction on divorce lists only the marriage certificate and, if it isn't in English, a translation and the translator's affidavit. Section 39(3) of the Family Law Act sets the connection test but says nothing about how you prove it. What happens in practice is that registries sometimes ask for proof where the marriage took place overseas, and the Court's own guidance page asks for a passport, citizenship certificate or evidence of permanent residency in that situation. Because a request like that sends your application to the back of the filing queue, we collect it upfront rather than argue about it afterwards.

Check if you're eligible

or call 1800 976 214

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

Married overseas? You can still divorce in Australia