In the context of an increasing number of Vietnamese couples choosing Australia as their new home to build their lives and future, the issue of divorce in this country has become more relevant than ever. Registering a marriage in Vietnam but wanting to file for divorce in Australia—a country with a different legal system—presents many challenges and complications for couples who do not have Australian citizenship or permanent residency.

In reality, Australian law allows individuals who are lawfully residing and consider Australia as their home, even if they are not yet Australian citizens or permanent residents, to file for divorce. This opens up a new opportunity for couples who wish to legally end their marriage in Australia.

According to Australian law, the conditions related to residency for a divorce application include the following criteria:

• Either spouse considers Australia as their home and intends to reside there permanently;

• Either spouse is an Australian citizen by birth or descent;

• Either spouse has been granted Australian citizenship;

• Either spouse has lived in Australia for at least 12 consecutive months before filing for divorce.

From these criteria, it can be seen that even if both spouses do not have permanent residency or Australian citizenship, as long as they can prove continuous residency for at least 12 months before filing for divorce, their application remains valid.

However, the divorce process in Australia requires thorough preparation and understanding of local laws. Therefore, seeking support from a professional lawyer is extremely important. A lawyer with experience in marriage and family law in Australia will provide accurate advice and assist in preparing a complete and detailed divorce application. This not only ensures a smooth divorce process but also guarantees the best interests for both parties involved in the divorce.

Note: This article is intended to provide general information and is not meant to offer legal advice for any specific cases. The legal provisions referenced in this article are effective as of the time of publication but may have changed by the time you read this. Therefore, we recommend consulting an expert before proceeding.

Nguyen Do Lawyers, with its experienced team of lawyers, will provide you with the most professional and dedicated legal advice regarding family law matters in Australia. To receive consultation, support, and ensure your legal rights are fully protected, please contact our office through the following methods:

Phone: +84 91 6799 686 (Vietnam) / or +61 3 936 48076 (Australia)

Email: info@nguyendolawyers.com.au