International Divorce & Family Law: Australia & New Zealand
We regularly advise clients with connections to Australia who are going through divorce. In addition to advising on Australian divorce settlements and prenuptial agreements our work encompasses advice on inheritance issues, children proceedings and financial proceedings.
We are specialist international divorce lawyers and family solicitors and we have advised numerous clients who are either UK-based but originate from Australia or New Zealand (see our New Zealand page and Papua New Guinea page), or are living outside of the UK but have a connection with England or Wales. We also advise local authorities and other bodies on specific aspects of Australian law and procedure. Partner Henry Brookman has been accepted as an expert witness in the High Court.
Australia’s family law system was revamped in 1975 with the introduction of The Family Law Act. It regulates the breakdown of marriage and children arrangements within Australia. Like England and Wales, Australia is a common law system so judges rely on previously decided cases when it comes to applying the Family Law Act in practice.
To issue divorce proceedings in Australia one spouse must be a citizen of Australia, domiciled there or ‘ordinarily resident’ in Australia for at least a year before the beginning the divorce process.
Australia has a no-fault system of divorce, meaning that parties only need to demonstrate that the marriage has broken down and there’s no prospect of reconciliation. Courts have no interest in or need to investigate the causes for the marital breakdown.
Or call us: +44 (0)20 7430 8470