A Guide for Divorce Lawyers in Melbourne on Navigating International Divorce and Nullity Proceedings

Introduction:

Divorce and nullity proceedings can be complex, especially when they involve multiple jurisdictions. As a divorce lawyer in Melbourne, it's important to understand how to navigate these issues when dealing with clients who have overseas connections. In this blog post, we'll provide some guidance on how to handle applications for divorce and nullity that have been made in overseas courts.

Jurisdictional Issues:

As a divorce lawyer in Melbourne, you may encounter cases where an overseas court has contemporaneous jurisdiction with the Australian court to hear and determine an application for divorce. In these situations, it's crucial to seek advice from an appropriately qualified lawyer in the other jurisdiction prior to filing so that your client can make an informed decision as to where to commence the proceedings. This can help ensure that the divorce order of the "other" country will be recognized in Australia. Additionally, it's important to consider the effect of a divorce order made overseas, as it may have significant implications in that country, such as loss of jurisdiction to hear ancillary applications.

Inappropriate Forum: If your client is facing an application for divorce or nullity in an Australian court, the respondent may object to an Australian court making orders as sought on the basis that the Australian (or foreign) court is a "clearly inappropriate forum". In these cases, the usual practice is to file an application seeking an order that the proceedings be "permanently stayed," rather than dismissed.

Case Study: Lieu v Antcliff

In Lieu v Antcliff, the parties first married in a Melbourne registry in 2005 and then remarried in Fiji in 2015 shortly before their relationship broke down. As a divorce lawyer in Melbourne, you may encounter similar cases where there is doubt as to the validity of the overseas marriage. In these cases, it's important to carefully review the relevant laws in the other jurisdiction and seek appropriate legal advice. The court in Lieu v Antcliff held that the second marriage was valid, dismissed the nullity application, and issued a divorce decree.

Importance of Venue: As a divorce lawyer in Melbourne, you may also encounter cases where the choice of venue for the application for divorce is critical. In certain countries, such as Hong Kong and Singapore, the jurisdiction to hear ancillary matters is lost if the divorce is not granted in that country. Therefore, it's important to consider the implications of venue when advising clients on where to commence the proceedings.

Conclusion:

As a divorce lawyer in Melbourne, you may encounter international divorce and nullity proceedings that require careful consideration of jurisdictional issues, the appropriate forum, and the choice of venue. By seeking advice from appropriately qualified lawyers in the relevant jurisdictions, you can help your clients navigate these issues and achieve a successful outcome.