divorce laws uk vs Australia

[ros09]

i asked this the other day, but i don't think i was very clear. a family member emigrated to australia 6yrs ago, but is still a uk citizen. they are about to return to the uk and are considering staying as the marriage isn't working, if they filed for divorce in this country would it be heard under uk law or because they are an australian resisdent and their partner has returned to australia it has to be done there? there are also children involved? any help would be greatfully recieved.

[Count-A-Strong]

I would imagine it depended on where the divorce was petitioned and by whom.

[fredpuli47]

Our law and procedure applies if the petition is filed here and regardless of where the mariage ceremony was. There's more than enough nexus (connection) with here for our courts to deal with it and for any orders to be recognised everywhere. So long as one party doesn't file here and the other in Australia there'll be no difficulties !

Do the couple own a home in Australia? It's easier for everyone if they sell up and bring the proceeds back to Britain so our court is only dividing cash between them and the money is already here.

Then the only problems with foreign jurisdictions are concerned with orders relating to children, which problems are well documented in the press, when one party goes abroad and won't return the children.

[Reiver]

I know a couple who are going through the same thing although no children. They were married in Australia and one is an Australian citizen.
They elected to have the divorce in that country solely because of the costs here. You can even do it on line there. I would imagine that the court over there would refuse to hear the application as both seem to be British citizens and were married in this country. I could well be wrong here.
I suggest that you have a look at the Family Court of Australia web site for more details..

[ros09]

thank you! there are two problems that will probably happen, in that the partner will do everything to block this and likely do a moonlight flit to make things as difficult as possible.