Which countrt,s legal system will apply if divorced in Australia
Residing in Australia (I am a SA and New Zealand citizen – not Australian ) Wife is residing in NZ ( NZ citizen) We were married in SA under ANContract UIf we divorce which countries laws will be followed ?
Good day Justin M, if you have been living in Australia for at least 12 months prior to your institution of your divorce action then the Australian Family Court will assist you with your divorce regardless of your wife being a NZ citizen and residing there. You will have to satisfy their requirements in respect of the grounds for your divorce, care of children if any, etcetera.
Hello, The South African Divorce Act provides that a South African court will have jurisdiction where the parties or either of the parties are domiciled in the area of the court’s jurisdiction on the date on which the action is instituted or ordinarily resident in the area of jurisdiction of the court on the date on which the action is instituted or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date. Having said this, you will have to look at what the law of Australia provides as neither yourself nor your spouse is domiciled in South Africa. Thank you.