Divorce in Australia

Specialist international family lawyers

Our team of specialist international divorce and family lawyers based in the UK advise British expats living in all areas of Australia and Australians living in Britain.

We take the time to understand your personal circumstances and work with family lawyers in Australia to develop the best course of action. We always communicate with our clients in the way that suits them best, responding quickly at all times. Visiting an office or travelling to the UK is not necessary as all meetings can take place via video conferencing and telephone.

Choosing where to divorce – England or Australia?

Issuing divorce proceedings in either London or Australia may provide significant benefits in relation to splitting the finances and arrangements for children depending upon your particular circumstances. Establishing a connection to the UK or Australia will help determine your best course of action.

Australia has a federal legal system, which was originally based on the common law principles found in Britain. Some aspects of the Australian family law system will make it a more financially attractive option to divorce in Australia than England, but it very much depends upon individual circumstances, whether any assets are based in Britain (such as property or pensions) and whether children are involved.

Although similar in nature, there are several nuances between the divorce process and the financial division of assets in Australia so deciding where to divorce can have a significant impact on your financial outcome and arrangements for any children. An understanding of outcomes in both jurisdictions is vital to ensure your entitlement is understood and maximised.

It is essential to get expert advice from your divorce solicitor quickly as the first party to issue proceedings is likely to determine which country the case will be heard in. Although the choice of jurisdiction may later be challenged it is very difficult to switch jurisdictions once divorce proceedings have started.

London is known as the divorce capital of the world because the court system provides for a forensic examination of the assets, spousal maintenance and a starting point of sharing the assets equally. English courts will make additional allowances if the spouse has custody of any children.

Next Steps

To arrange a call back to discuss your circumstances, please call our international family law team on +44(0)20 7426 4915 or complete the call back form. Please note we do not offer legal aid.

International family law team

Our team of international lawyers is headed by Anthony Kiernan who has extensive experience of cross jurisdictional divorces, custody disputes and disputes involving the Hague Convention.