International Family Lawyers

There is no single rule of law that automatically determines this. Generally, courts in a country will accept jurisdiction if you or your former partner have sufficient connection to that country so that the country’s court are the “proper forum". This can be determined according to a variety of factors, for example, if you have been habitually resident there for some years, or if you are a citizen, or if all your property is held there. For example, if you are an Australian citizen living in Australia but your former partner has returned to the UK, both Australian and UK courts may have a legitimate basis to hear and determine your legal matter. This is why the country where proceedings are filed first, and by whom, can significantly affect the outcome, particularly around property settlement, spousal maintenance, and parenting arrangements. Obtaining early advice before taking any steps is absolutely critical. Our international family lawyers are trained to assess this for you. They can listen to your particular case and can assess your specific circumstances and identify which jurisdiction is most advantageous for you before you commit to any course of action.

Yes, in many circumstances Australian courts can hear your divorce application even if your former partner lives overseas. If you are an Australian citizen or you are living in Australia from overseas and domiciled in Australian and you regard Australian as your permanent home then you can apply for divorce through our courts.There are established processes for serving court documents on a person in another country. However, enforcing Australian court order, such as property orders,overseas is a separate issue entirely. Whether an Australian order will be recognised and enforced in another country depends on the laws of that country and whether formal arrangements exist between Australia and that jurisdiction. Not every country has such arrangements with Australia, and where they do not, enforcing orders can be considerably more difficult. Our international family lawyers can advise you on both the process of initiating proceedings in Australia and the practical enforceability of any orders obtained.

This is an extremely urgent situation and you should seek legal advice immediately. Australia is a signatory to the Hague Convention on the civil aspects of international child abduction, which provides a legal framework for the prompt return of children who have been wrongfully removed from their country of habitual residence. Applications for the return of a child are made through a Central Authority in each signatory country free of charge. It is important to understand that the Convention is not available in all countries (only in countries that have signed the treat), and even where it does apply, the other parent may raise defences including that returning the child would expose them to a risk of harm. If your child has not yet left Australia but you have concerns about them being taken overseas without your consent, separate and urgent steps are available, including applying for an airport watchlist order to prevent the child from being removed from Australia while proceedings are on foot. The appropriate steps depend on your specific circumstances, and early advice is essential.

Australian courts cannot make enforceable orders in relation to overseas assets as part of a property settlement. However the Australian court can take the ownership of them into account when weighing up and assessing a fair property settlement between separated partners.This includes bank accounts, real estate, and other assets held in foreign jurisdictions. The reverse is also relevant, foreign parties may have an interest in assets held in Australia, and Australian courts can deal with those assets as part of proceedings here by taking them into account. However, obtaining enforcement and recognition of orders recognised and enforced in another country is not automatic and depends on the laws of the country where the assets are held. Some countries have formal arrangements with Australia that make enforcement more straightforward, while others do not. Dividing assets across different legal systems also raises questions about how overseas property is valued and treated. Obtaining legal advice early and strategically considering your options is essential to avoid steps that could complicate your position later on in either jurisdiction.

International child support is one of the more complex areas of family law because the rules vary significantly depending on the countries involved. In Australia, international child support is primarily administered through the Department of Social Services, which manages arrangements with a number of countries under international agreements. Where such an agreement exists with the country your former partner lives in, there are established processes for registering and enforcing child support obligations across borders. Where no agreement exists, enforcing payment from an overseas parent becomes considerably more difficult and is often impossible. You may need to engage a lawyer in that country and you may need to take separate legal steps in the other country. Whether you are the parent seeking child support or the parent being requested to pay from overseas, the right approach depends heavily on your individual circumstances and the countries involved. Our skilled family lawyers can provide advice to you tailored to your specific situation.