International Family Law
Often, people find themselves living in more than one country during their de facto relationship or marriage.
This can mean some assets are located outside of Australia, and if they have children there may be other considerations and complexities.
International Family Law
International Matters
International family law matters are often extremely complex and require early and considered advice. Taking steps in the wrong jurisdiction can have irreparable consequences.
International Family Law
International Separation and Divorce
Families may be living overseas, or have lived overseas at the time of separation, and this may present uncertainty for them about where they stand, or what their next steps should look like.
Issues of jurisdiction, enforcement and differences in entitlements, depending on where a property settlement, or parenting agreement takes place, can often occur within an international divorce or separation.
When separating, the Family Law Act applies in Australia but if Orders drawn up here in Australia are not enforceable in another country, this can be problematic.
Our international divorce lawyers have experience in working with lawyers in other jurisdictions and providing advice and assistance with international family matters including:
- International property settlement negotiations and agreements
- International parenting arrangements and agreements
- Serving of documents
- The relocation of children
- International child abduction and urgent child recovery order applications
- Urgent Airport Watch List applications
International Family Law
International Assets in Divorce
We have worked with a number of Australian citizens going through separation or divorce with international intricacies, including a significant number of individuals who have, or are living and working, in a variety of nations.
If you have assets in Australia and in other countries, you may require Court Orders in each jurisdiction where the assets are held to ensure that the terms of your property settlement agreement are able to take effect.
Our team regularly liaise with other specialist international divorce lawyers across the world, to ensure that the terms of our clients’ financial agreements are valid and enforceable in the relevant jurisdictions.
International Family Law
International Parenting Matters
Where a relationship breaks down there may be matters relating to:
- Parenting arrangements and child support
- International relocation of children
- International child abduction or recovery
Our team is well experienced to provide advice and assistance in each of these scenarios.
International Family Law
International Parenting Arrangements and Child Support
If you are seeking to determine parenting arrangements where the children are in Australia and one parent is moving internationally, our team has unparalleled expertise in providing the following:
- Pre-separation or post-separation advice on how to maximise your opportunity for future time with your children
- Advice and assistance relating to the future arrangements for your children
- Representation and guidance during family dispute resolution, mediation or discussions with the other parent to assist you to reach an agreement
- Legally documenting your parenting agreement to ensure it is binding and enforceable in all relevant jurisdictions
- Advocating on your behalf during Court proceedings and preparing all pre-requisite court documentation
If one parent lives outside of Australia and children are in Australia, receiving or paying for child support can be a complicated area due to varying arrangements and policies of different countries. However, there are laws in Australia to help with child support for children living in Australia.
International Family Law
International Relocation with Children
As family lawyers, we advise parents on both sides of the issue of relocating with children. There are numerous factors that are considered with relocation so it is important to get advice tailored to the circumstances before relocating.
If you have children and separate overseas, it is very important to seek advice from a family lawyer immediately. If you wish to return to Australia you will need to ensure you do not breach any laws of the country you have been living in.
For information specific to relocating with children after separation, visit Relocation of Children.
International Family Law
International Recovery of Children
Where there are issues with children being taken by one parent to another country without the others’ consent, the Hague Convention, an international agreement that exists between signatory countries, can be enforced. This international agreement covers international parental child abduction. Generally speaking it provides a method to ascertain which country the child custody case will occur.
Our team can assist where there are concerns about a possible impending removal of children from Australia, contact the Police and seek legal advice immediately from experienced international divorce lawyers. We have assisted in the application for emergency Orders in relation to children’s travel and for childrens’ names added to the Family Law Watch List. This is effectively an airport watch list which alerts Police to the movement of children whose names are on the list.
Common Questions about International Divorce, Property, Children & Parenting Matters
Is it difficult to divorce in Australia if married overseas?
If you were married overseas, are now separated from your spouse and plan to apply for a divorce in Australia, you won’t want to find yourself like so many do, having to delay their divorce because their application hasn’t been prepared properly.
Having to pull together everything you need for the divorce application to be accepted, and fix it or reapply, can result in increased time and costs.
People often come to us seeking our advice and assistance after their application for divorce has been rejected by the Court. Typically it is because there was insufficient detail and documentation. Fixing a rejected application often takes more time and cost than it does to prepare one from scratch.
There are a number of other avoidable issues that anyone applying for a divorce in Australia should consider if married overseas.
Read more about what to know when applying for divorce in Australia
What if we have assets in Australia and other countries?
When people have assets in more than one country, a common risk is to end up having to go through the process of formally dividing their assets, often referred to as a property settlement, twice.
Typically this occurs when people seek legal advice in one country and an agreement is drawn up that is enforceable only in that country (or jurisdiction as it’s known). What can and does happen is that people find themselves having to go through the stress, time delays and costs a second time around in another jurisdiction.
Read more about what to know about international property settlements
If a parent lives outside of Australia, do they need to pay child support?
Receiving or paying for child support is a complicated area due to varying arrangements and policies of different countries. However, if you and your children live in Australia there are laws that will help the ‘receiving parent’ to access child support from the other parent living abroad.
Read more about child support for children living in Australia when a parent lives abroad
Can I relocate with my child/ren after separation?
A desire to move may be triggered by an employment opportunity or perhaps in an effort to be closer to family members for support. However, if you are the parent who wants to relocate, you may need to get the other parent’s consent before you move if it will impact the time spent with each parent and the overall workability of existing parenting arrangements.
In Australia the law takes into account numerous factors where the relocation of children is considered, both domestically and internationally.
Can I travel overseas with my children without the other parent’s permission?
As family lawyers, it is common that we help parents draft the terms of their parenting arrangements, including specific arrangements regarding overseas travel with children. Typically, there are clear parameters in the agreement about the parent’s ability to travel with their children overseas, including what information the travelling parent will need to provide to the non-travelling parent prior to the date of departure.
Read more about international travel with children when separated
International Family Law
International Divorce Lawyers | International Family Lawyers
For both property and parenting orders you may not require a lawyer to represent you in multiple jurisdictions but may need to seek advice in each of the countries where there are assets or live.
We work with clients to do this effectively. We have a network of international divorce lawyers and family lawyers who we liaise with regularly in different parts of the globe, who we are able to call upon where the need arises.
International Family Law
Information & Resources
International Family Law
International Assets in Divorce | International Divorce Lawyers | International Family Lawyers
We have worked with a number of Australian citizens going through separation or divorce with international intricacies, including a significant number of individuals who have, or are living and working, in a variety of nations.
If you have assets in Australia and in other countries, you may require Court Orders in each jurisdiction where the assets are held to ensure that the terms of your property settlement agreement are able to take effect.
Our team regularly liaise with other specialist international divorce lawyers across the world, to ensure that the terms of our clients’ financial agreements are valid and enforceable in the relevant jurisdictions.
International Family Law
Additional Information
Pre & Post Separation International
Family Law Advice
We regularly assist clients from around the world, including expats working outside of Australia, about their options and their rights under Australian family law.
