Divorce, whether mutual or unilateral, becomes more complex when there is an international element involved, compared to domestic divorce proceedings in Vietnam. This is because it is necessary to consider divorce laws in the country where both spouses reside.
How long must a couple be separated before filing for divorce in Australia if they are married in Vietnam but living in Australia?
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For couples who marry in Vietnam but choose to live in Australia, in order to file for divorce in Australia, they must prove that they have been separated for at least 12 months. If the separation period is not long enough, the couple cannot proceed with signing and submitting the divorce application until they meet the minimum separation requirement.
Additionally, during the divorce process, the parties involved are not required to provide proof of the separation period at the time of filing. However, if there is a dispute over the start of the separation period, the disputing party may be required to provide evidence to support the date of separation at a later stage.
Aside from this requirement, there are other complex residency and documentation conditions that demand a high level of expertise. Therefore, to prepare a complete and legally valid divorce application, especially in cases involving international factors, it is essential to seek advice and support from experienced professional lawyers in this field.
Note: This article is intended for general informational purposes only and does not provide legal advice for any specific case. The legal provisions referenced in this article were valid at the time of publication but may no longer be effective at the time you read this. Therefore, we recommend always consulting a professional before applying any legal advice.
Nguyen Do Lawyers, with our experienced team of lawyers, will provide you with professional and dedicated consultation on family law matters in Australia. For consultation, support, and to ensure your legal rights, please contact our office via the following methods:
Phone: +84 91 6799 686 (Vietnam) / +61 3 936 48076 (Australia)
Email: info@nguyendolawyers.com.au
