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How to file for divorce from an indonesian wife?

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  • How to file for divorce from an indonesian wife?

    Hi All

    I am an Australian. I got married to Indonesian wife only 3 months ago in Bali. We had a religious Hindu ceremony followed by a civil wedding.
    Unfortunately it does not work out for us as we keep on making each other very miserable.
    We have started a process of immigration to Australia but the way things are, I will probably withdraw my application soon.
    At the moment my wife lives in Jakarta and I live in Australia.

    We don't have children together or any joint property. My wife is not happy with the divorce initiative but is willing to let me go as soon as possible.
    I have approached few local lawyers but they charge thousands of $

    Is there away I can do it directly without using a lawyer? Can I start the process from Australia or everything should be done in Bali?

    Has anyone have a step by step guide for an Australian seeking a divorce?

    Any help is greatly appreciated.

    It is a traumatic times for both of us as there is love but no way to make a life together

    Thank you!

  • #2
    Wow, only 3 months. Sorry for you. My understanding is that the divorce must be undertaken in the same jurisdiction as it occurred in.

    Comment


    • #3
      http://www.familylawcourts.gov.au/wp...vorce/Divorce/

      The Australian horse's mouth - excerpt from FAQs that is particularly relevant to your situation follows. You may want to seek advice on the Indonesian process in case it suits you better.

      We want to divorce but have been married less than two years. We understand we have to do certain things, what are they?

      [COLOR=#000000][FONT=Verdana]If you have been married less than two years and want to apply for a divorce, you must either:[/FONT][/COLOR]
      • attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse, or
      • if you have not attended counselling, seek permission of the Court to apply for a divorce.

      [COLOR=#000000][FONT=Verdana]The two years are calculated from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce.

      More information can be found in the publication Have you been married less than two years under the Publications section of this website.
      [/FONT][/COLOR]
      I married overseas – can I get a divorce in Australia?

      [COLOR=#000000][FONT=Verdana]If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:[/FONT][/COLOR]
      • regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
      • are an Australia citizen by birth or descent
      • are an Australia citizen by grant of an Australia citizenship
      • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

      [COLOR=#000000][FONT=Verdana]You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:[/FONT][/COLOR]
      • an English translation of it, and
      • an affidavit from the translator which:
      • states his or her qualifications to translate
      • attaches a copy of the marriage certificate
      • attaches the translated marriage certificate
      • states that the translation is an accurate translation of the marriage certificate, and
      • states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

      [COLOR=#000000][FONT=Verdana]More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.[/FONT][/COLOR]

      Comment


      • #4
        Thank you for your reply.

        It would be very helpful if I could file for divorce in Australia. It would be a nightmare for me
        to deal with indonesian court and even worse, an indonesian lawyer.

        Has anyone here had to deal with a similar situation recently ?
        I think only recently it has become possible to file for a divorce from Australia. I am not sure... I read different opinions on the net.

        Feedback would be highly appreciated!

        Comment


        • #5
          Go and see a family court lawyer in Australia! Internet opinions will not count for anything...you are needing facts.
          Things happen for a reason...

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          • #6
            True, I will seek an advice here in Australia and let you know, as I am sure I am not the only one that have to deal with this pain

            Comment


            • #7
              Originally posted by adorlevin View Post
              True, I will seek an advice here in Australia and let you know, as I am sure I am not the only one that have to deal with this pain
              As much as general advice is usually helpful with providing a starting point, and it can be reassuring knowing that you are not alone, or the first person to have the particular problem, but everyone's situation will be different and needs assessment by an expert in that field. Internet advice is free, but ultimately it's meaningless. Yes - it will probably cost you money to consult a lawyer, of course it will: you wouldn't expect to work for free either.

              Good luck. I feel for you, and can't imagine what you must be going through right now.
              Things happen for a reason...

              Comment


              • #8
                OP - the link I provided earlier is the ultimate authority on divorce in Australia - why would you seek advice from elsewhere about it? Just to reinforce, here's the Legal Aid Qld site on divorce: http://www.legalaid.qld.gov.au/legal...s/Divorce.aspx

                You're welcome to waste your money on a legal consultation but I suggest you have a good read of both these resources first. If you meet the Legal Aid means test you may access a free 30 minute consultation with one of their lawyers.

                BUT you can do nothing formally/officially until you have been separated 12 months.

                Comment


                • #9
                  john madden is right; you need to demonstrate that the marriage has irretrievably broken down and must be separated for 12 months first to demonstrate that prior to filing for divorce. as john madden has also shared, you will first need to go through a court-approved mediation/counselling process. but i am not aware of the details of such being applicable to overseas marriages.

                  i don't usually advise seeking legal advice from a lawyer if information is readily available through the court webpages. some courts/registries also have 'hotlines' you can call in to clarify - make full good use of such services if they have it. it is usually the cheapest and most accurate way (most of the time at least!) of procuring information. if you still wish to seek a lawyer's advice, make sure you are armed with the right questions or else you may end up going around in circles.
                  topsykretts
                  Member
                  Last edited by topsykretts; 20-02-14, 17:24.

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                  • #10
                    Thank you guys for all the valuable info. highly appreciated!

                    Comment


                    • #11
                      Apologies to all - didn't realise links were official court info pages... I'll stick to sick people!
                      Things happen for a reason...

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