Questions on Family Law

Can I file a divorce in Australia even if I am from the Philippines?

Yes, provided you reside in Australia 12 months before you file your divorce application. The residence must be legal residence. If you are on student visa, you must show proof that you have been studying in Australia for 12 months or more.

If you have a pending substantive application and holds a bridging visa, you must show that you reside in Australia legally for the past 12 months before you can file the divorce.

How can I serve the application to my spouse in the Philippines?

Service of the application to your spouse is important for the application to be approved by the Court. Your lawyer can send the application by post with a request that the respondent spouse sign the Acknowledgement of Service.

If the spouse refused to sign the Acknowledgment document, the application can be approved if the person serving the application executes an affidavit that the document was handed to the respondent house but he/she refused to accept and sign the acknowledgment.

What if the whereabouts of my partner is unknown?

You must still forward the application to the last known address of your partner and any known address if you have. If the application is returned, you can file for substituted service to the Court.

Can I marry my new partner in Australia after the divorce?

Divorce order becomes final one month and one day after the hearing and after this date, the applicant can marry his or her partner.

Can I marry my partner even if there is no divorce in the Philippines?

Yes as the domestic law of Australia applies to you as you reside in Australia.

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The above information is general information and not intended as specific advice. Please contact Mr. Jess Icao if you have specific questions about your case.