Yes. You can pursue a cross-border divorce in Australia as long as you or your spouse has a sufficient connection to Australia (for example, being an Australian citizen or having lived in Australia for at least 12 months).

Australian law recognizes valid overseas marriages, so if your marriage was legally performed abroad, you can still apply for divorce under Australian family law. You’ll need to meet the normal requirements (such as 12 months’ separation) and provide your foreign marriage certificate (with an English translation if necessary), but the process is largely the same as any divorce in Australia.

Call Goldman Law for a free strategy discussion to see if you are eligible under Australian law.

If you and your spouse are in separate countries, deciding where to file for divorce and child custody is a strategic decision. In international family law, the choice of jurisdiction can greatly affect the outcome, since different countries have different rules on property division, spousal maintenance, and child custody.

Often, more than one country could have authority (for example, Australia if one partner is Australian, or another country where the other partner lives), and usually the court where proceedings are started first will take control of the case.

It’s wise to seek expert legal advice early From Goldman Law – a lawyer can analyze your situation and advise whether an Australian court or an overseas court would best protect your interests.

International child custody disputes are handled in Australia with the child’s best interests as the paramount consideration, just like any domestic case.
Australian courts can deal with custody (parenting) matters even if one parent is overseas, provided Australia is the appropriate forum – usually this is the case if the child is living in Australia or has a strong connection here.

These cases can be complex: the Family Court may need to coordinate with foreign courts or use international agreements to ensure the parenting arrangements are upheld across borders. In practice, an Australian court will make orders for things like parental responsibility and visitation, and you may then need to have those orders recognized or enforced overseas if the other parent is abroad.

Contact us and a senior Goldman Law lawyer will guide you.

You cannot unilaterally relocate a child overseas after a separation without either the other parent’s agreement or a court order. If one parent wants to move overseas with the child and the other parent does not consent, the relocating parent must apply to the Australian Family Court for permission (often called a relocation order).

The court will carefully consider whether the proposed international move is in the child’s best interests – weighing factors like the child’s relationship with both parents, the reasons for relocation, education and cultural opportunities, and how contact with the left-behind parent would be maintained. It’s crucial to follow the proper legal process and get advice before planning an overseas move with a child, because taking a child abroad without consent can breach Australian law and international treaties.

Contact us and a senior Goldman Law lawyer will guide you.

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that Australia has signed to protect children from wrongful removal or retention across borders. It provides a legal process to promptly return abducted children to their country of habitual residence for custody matters to be resolved there. In practice, if your child is taken overseas without your permission (or not returned from an overseas trip), you can invoke the Hague Convention by applying through the Australian Central Authority, as long as the country where the child was taken is also a signatory.

This mechanism doesn’t decide long-term custody – it simply ensures the child is quickly brought back to their home country’s jurisdiction. International child abduction cases are very time-sensitive, so it’s important to act quickly and consult Goldman Lawyers who are very experienced in international family law to guide you through the process.

In an Australian divorce, all assets – including overseas property, foreign bank accounts, investments, or other international holdings – must be disclosed and will be considered in the property settlement. The Family Court in Australia includes international or offshore assets as part of the total marital asset pool to achieve a fair division between the parties.

You cannot exclude assets located overseas from the settlement; the court can make orders affecting those assets just as it can for assets in Australia.

While enforcement of orders on overseas property may require additional steps or cooperation with foreign courts, this process ensures a fair offshore asset division under Australian divorce laws.

Contact us and a senior Goldman Law lawyer will guide you.

Yes. The Family Court of Australia can look beyond complex structures like overseas trusts or companies to identify assets that really belong to either party. If a spouse has control over, or benefits from, assets held in an overseas trust or corporate entity, the court can treat those assets as part of the property pool (or at least as a financial resource) when deciding the property settlement. In other words, you generally cannot shield or hide assets offshore in trusts or shell companies to avoid division.

Goldman Lawyers are very experienced at uncovering such arrangements to ensure a just outcome. It’s wise to get legal advice on these complex offshore asset structures, as untangling them requires expertise.

When a couple has ties to multiple countries, choosing where to file for divorce (and handle related matters like property and child arrangements) is a crucial decision in any cross-border divorce.

Different countries’ laws can lead to different outcomes – for example, one country might divide assets differently or have another approach to spousal support or child custody.

Often, more than one country could potentially hear your case, and generally the country where proceedings are initiated first will be the one that proceeds with the divorce.

This makes timing and strategy important: by consulting a senior Goldman Law lawyer we will guide you as specialists in international family law.

Then you can determine which jurisdiction is most favourable for your situation and act quickly to secure that forum.