Family Law

International Family Law

Many people and families have close connections to more than one country, because they were born or married outside of Australia or because they have lived or worked abroad before or during their marriage /de facto relationship. When a relationship breaks down, clients may be able to seek financial settlement, parenting orders or bring a divorce in more than one country.

It is vitally important to identify which jurisdiction is best for you at an early stage because financial and other outcomes can vary enormously from one country to another. In some instances, making an application in Australia may be the best for you or it may be a complete waste of your resources and time. For instance, if your children live in another country with your relatives or your ex-spouse’s relatives, the court here in Australia may refuse to make orders and direct you to seek orders in the country where the children reside. It is important to us therefore that we assess your case carefully so that you are not put to any expense which you could avoid from the outset.

We have expertise in helping you identify the country that is the best jurisdiction for you.

Timing

Where other countries may be involved, it may be necessary to act quickly. As a general rule, the country in which an application for divorce, financial settlement or parenting orders is initiated may seize jurisdiction. It is important you receive advice as soon as possible as to the likely outcome of filing for any orders in Australia; or failing to do so where it is necessary.

In the case of child abduction, timing is always essential as time limits apply for making applications for the return of children removed from the jurisdiction.

We are able to work closely with family lawyers around the world where necessary as well as dealing with issues which should be addressed here in Australia.