International Family Lawyers Melbourne

Yes, it can, depending on both parties’ wishes. The Federal Circuit and Family Court of Australia can decide matters under the Family Law Act 1975 if one party is an Australian citizen, ordinarily resident, or domiciled (living permanently) in Australia. However, if the other partner wants the matter heard in their country, this may lead to a jurisdictional dispute.

If a case is pending overseas, a party may apply to stay or dismiss the Australian proceedings, arguing that the overseas country is more appropriate. The issue becomes one of jurisdictional conflict or forum non conveniens (i.e., which is the most appropriate forum).

Yes. You can apply for divorce in Australia if you or your spouse is an Australian citizen, ordinarily resident, or has lived in Australia for at least 12 months. The marriage must be legally recognised in Australia. Seeking legal advice to ensure proper process and avoid legal complexities when attending court.

The courts prioritise the best interests of the child and consider international relocation carefully. If relocation affects the child’s relationship with the other parent, the court may refuse it. An Independent Children’s Lawyer may be appointed. Chat to our Melbourne family lawyers today to find out more about how we can help with your international family law journey.

The Hague Convention on the Civil Aspects of International Child Abduction is a global treaty that aims to protect children from wrongful removal or retention across international borders. It enables the prompt return of abducted children to their country of habitual residence. Australia and many other countries are signatories, and the Australian Federal Police may assist. It’s essential to contact the police and seek legal advice immediately if child abduction is suspected.

The Australian Federal Circuit and Family Court, working with the Australian Federal Police, can issue orders to prevent travel, seize passports or place children on the airport watch list. Australia follows the Hague Convention to recover abducted children from other countries. Seek urgent legal advice if you have any concerns regarding protecting your children from unlawful removal.

The Federal Circuit and Family Court of Australia can make property settlement orders if it has jurisdiction over either party. Foreign assets, self-managed superannuation funds or assets in an overseas country may be included.

Enforcement abroad depends on reciprocal recognition. Always seek advice regarding international issues as early as possible to ensure a fair and equitable outcome.

Financial agreements made in Australia after a marriage, same-sex relationship, or de facto relationship end must comply with the Family Law Act. Recognition overseas depends on the other country’s laws. Cross-border agreements require legal advice from both jurisdictions. Seeking advice will ensure agreements are valid and enforceable.

Yes. Under Australia’s Child Support Scheme, child support arrangements can apply internationally if the overseas country has a reciprocal agreement, and a Child Support Assessment is in place. Binding child support agreements can also be enforced across borders. Child support payable depends on income and care arrangements. Get in touch with our international family law team for advice on managing international child support agreements properly.