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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.

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Australia & New Zealand

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Australian Property

The Scenario

Mr and Mrs B moved to Australia in retirement. They separated and their lawyers there were negotiating a financial settlement. They owned two houses in Australia. Mr B had a substantial pension from the U.K. They also owned a commercial property in England held through an offshore corporation.

Our Solution

We advised Mr B's Australian lawyers as to how a share of his pension could be directed to Mrs B, and how to assess the value of that. We also advised as to whether an Australian order could be effective to deal with the commercial property, and what could be done to effect an agreed settlement if Mrs B gave up any claim to it. Subsequently we obtained "mirror" consent orders in England.

Lost Marriage Certificate

The Scenario

Mrs H is a dual Australian and British national and moved to London six months ago.  Her husband is based in Australia.  Mr and Mrs H were married in Argentina and Mrs H does not have a copy of the Marriage Certificate.  Mrs H is concerned as to what to do.

Our Solution

We first of all tried to locate the Marriage Certificate from Argentina.  However, the authorities had kept no central record of the marriage.  We therefore had to apply on the strength of evidence provided by Mrs H including a photo of the wedding.  We were successful in this application.  The divorce then proceeded.

If you have questions, contact us now, we can help you.

Australia & New Zealand FAQs

Here we summarise some of the common questions relating to family law and Australia and new Zealand.

Are prenups recognised in Australia?

Yes. Australia recognises both pre- and post-nuptial agreements (known as ‘financial agreements’) so long as:

  • The agreement is in writing and signed by both sides
  • Each spouse obtained independent legal advice about the effect of the agreement on his or her rights and the advantages and disadvantages of entering into such an agreement
  • The lawyer giving the advice provides a signed statement of  advice given and that statement is given to the other spouse

In some circumstances, including where there has been fraud, these financial agreements may be set aside. A prenup in England is also likely to be recognised as long as it too has been drawn up in the correct circumstances.

What kind of factors do the courts in Australia consider when deciding on a financial settlement?

Courts can only make financial orders that are ‘just and equitable’.

Under the legislation the courts must consider all direct and indirect financial contributions made by each party. In reaching a decision on finances the courts must also bear in mind the effect the order will have on the earning capacity of either spouse, the duration of the marriage and the extent to which the marriage affected the earning capacity of either party. Courts can also consider the impact any future cohabitation by either spouse may have on finances.

Do couples have to be separated before seeking a divorce?

Yes. In Australia couples must be separated for at least 12 months before issuing a divorce petition. Time spent living under the same roof but separately can count toward the 12 month waiting period. This requirement for separation is not necessary in England and Wales.

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Lovely friendly experience. All questions were answered so that I understood completely.

Dec 2023   Ali Catlin

Very balanced, fair and pragmatic advice. Thoroughly recommend!!

Nov 2023   James Elliott

Henry graciously provided his time for a consultation. I found him to be highly knowledgeable, empathetic and he provided excellent advice which put my mind at ease. Would highly recommend Henry and his firm.

Oct 2023   Allan Ang

Henry Brookman went above and beyond during the free consultation, and even overran the allocated time. He provided invaluable professional advice in a courteous manner. I recommend his firm without reservation.

Sep 2023   Mario Ignatov

I only had my initial free review with Amelia yet I already feel much more strengthened in my legal and financial position. I am currently reflecting on the steps I want to take to negotiate my desired outcome of the financial settlement but, when I am ready to use the services of a lawyer, Amelia is definitely the top on my list.

Sep 2023   Nahid Toubia

I had a zoom consultation with Lauren Moir and she was incredible. Very patient, insightful and reassuring. She also advised me based on my previous conversations with another firm and also clarified various positions I am in. Highly recommend.

Aug 2023   Gary Hawes

I was very impressed with the friendly, helpful and professional service offered by Brookman Solicitors. The generous advice and knowledge offered during the initial free consultation has enabled us to have a much better understanding of our case and plan a way forward.

Jul 2023   Peter Jackson

I had a first consultation with Kevin, who very diligently and professionally provided an exhaustive overview of the divorce process and the best approach for my specific case.

Jul 2023   Giulia Matteo

Great service and excellent advice at the initial consultation. I would certainly recommend and use in the future.

Jul 2023   Tom James

Spoke to a kind solicitor this morning who took an hour of her time to talk me through some advice relating to a difficult separation.... She was clear and helpful with her advice, leaving me feeling much more confident with the process ahead of me.

Jun 2023   Luke Taylor

Mr Brookman provided very clear advice that left me with no doubt about the options and next steps. Getting specific advice with the requirements in the different jurisdictions was particularly useful so I won’t need to consult another lawyer outside of the UK

May 2023   Julian Anthony

From initial contact I found all staff extremely helpful and professional. My options were made clear, my query was dealt with in a sympathetic way. Would highly recommend Brookman Solicitors.

Mar 2023   seamus mcguinness

The initial consultation I have just completed with Henry Brookman was very informative; he was very open and honest about my situation, the legalities of the matter and the extent of how his firm could help. He was also very upfront about the expected costs of the various options I could pursue and I feel very satisfied with the service I have received.

Nov 2022   Kimberley Noakes

From our short consultation, I got everything I needed. Assurance that they can handle my case, options that I wasn't aware of, and a clear timeline.

Oct 2022   Iskra Sekulovska

I recently had a consultation with Natasha Slabas at Brookman Solicitors. I was extremely impressed with the time and care she took in understanding my situation and in providing very detailed and considered advice.

Sep 2022   Tim Sayer

I received a free consultation with Henry Brookman via Zoom. He was very through and explained my options clearly and concisely.

Sep 2022   Chris Dawson

Today I had my free initial consultation with partner Henry Brookman over the phone. He had a clear understanding of my situation based on the info I provided in advance and provided me with sound advice and guidance to move forward. Many thanks.

Aug 2022   H. J.

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner who has specialised exclusively in family law for over 15 years. Talitha is recommended by The Legal 500.

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Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

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Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

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Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and is recommended by the Legal 500.

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Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

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Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

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Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

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Partner

Amanda Glass

Amanda is a highly experienced family law partner providing expert advice on all aspects of family law, divorce and separation with an emphasis on financial remedy cases.

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Senior Associate

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

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Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

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Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

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Senior Associate

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

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Senior Associate

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

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Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

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Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, recommended by The Legal 500 and experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings.

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Associate Solicitor

Gavin Yeung

Recommended by The Legal 500, Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings.

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Associate Solicitor

Lauren Moir

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

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Solicitor

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

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Solicitor

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

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Solicitor

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

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Accounts Manager

Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

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Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Front of House Manager

Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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If you have questions, contact us now, we can help you.

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Or call us on +44 (0)20 7430 8470