a friend of mine married an australian would like to file for a divorce. she currently resides outside australia, she is australia's PR holder. is it possible for her to file for divorce outside australia? or she has to file it in australia?Anyone can advice whether is it possible to file for divorce outside australia?
She should be able to divorce him almost anywhere that has no fault divorce. The usual rule today is that she is able to acquire her own domicil. The old rule was that she could not and had to seek him out to divorce him. She could divorce him for fault, but often the old statutes of divorce did not let the wife sue on the basis of her own independent domicil. To be internationally recognized, divorce jurisdiction is usually on the basis of domicil. If she can acquire her own domicil, then she is able to commence proceedings for divorce in the country in which she is domiciled. The law that will be applied is the law of the country in which she applies. This is for divorce. It is not the same for custody of children, etc. The divorce will be recognized in Australia on that basis under Indyka v. Indyka and the provisions of Australia's federal Family Law Act 1975.
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