Legal Question in Family Law in Australia

Divorce legal advice

Respected Sir,

We are student Visa holder and we are living at Adelaide and we came from India. We had married at India in December 2003 We are arrival at adilaide,Australia on 3rd March 2006 .We live together for eleven months from march 2006 and from January 2007 to till date we are not living together .Then after Husnaara Yusuf has filed an application to court for divorce. and the Federal court has made divorce order on the Fifth day of June 2007 and same certificate was served to me at my resident address.

- Can Husnaara Yusuf filed an application for divorce to Federal court at Adelaide ?

- Can apply Australian divorce rules to us ?.

- Can The Federal Magistrates Court has made divorce order without giving any opportunity or notice to me ?

- Can I filed an appeal to court against the Federal court’s order? If yes, give me advice about court and give time limit for to file appeal.

Regarding to above facts, I hope you will give me reply as early as possible to my mail ID [email protected]

Thanks

Yours


Asked on 9/27/07, 11:16 pm

2 Answers from Attorneys
Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Divorce legal advice

The Australian Courts can grant a divorce even if the marriage was an overseas one. The Australian Courts, to grant a divorce need only be satisfied that you have been separated for 12 months or more, and that you have received appropriate notice of the application for divorce. You can appeal the decision to grant the divorce but this is a very complicated process and you should seek the advice of a local solicitor who specialises in family law.

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Answered on 9/30/07, 6:42 pm
Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Divorce legal advice

The Australian Courts can grant a divorce even if the marriage was an overseas one. The Australian Courts, to grant a divorce need only be satisfied that you have been separated for 12 months or more, and that you have received appropriate notice of the application for divorce. You can appeal the decision to grant the divorce but this is a very complicated process and you should seek the advice of a local solicitor who specialises in family law.

Read more
Answered on 9/30/07, 6:42 pm


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