Where to divorce
 

Looks like I need to get divorced :-(
We were married in the UK but live here in Australia. Apparently, infidelity is not grounds for divorce in Australia but I think it may be in the UK. Can someone in the know confirm this for me?
If that is the case could I file for divorce in the UK considering that we are not living there at present? This may not be possible unless court attendance is not required.
Just asking. So much to think about (sigh).

Re: Where to divorce
 

Australia deals with divorce on a 'no fault' basis. No need to proof adultery or anything else. You just file on the grounds that the marriage has broken down.

Re: Where to divorce
 

I am thinking that I may come off better outside of Australia just because of this.

Re: Where to divorce
 

Divoerce in the UK is based on 'no fault' as well, just the 'irretrievable breakdown of the marriage'. The adultery etc bits have gone.

Re: Where to divorce
 

Bigger.

Re: Where to divorce
 

Are there any children? none mentioned so probably not:fingerscrossed:.

But if there are the and the kids are Aus citizens/residents or one parent wants to stay in OZ, it may be an Australian court matter re the kids.

Re: Where to divorce
 

One but neither parent wants to leave Australia.

Re: Where to divorce
 

You live in Aus, have no intention of leaving, makes more sense to do it in Aus - isn't it just the year separation that's required these days?

Sorry to hear that you're facing it though!

Re: Where to divorce
 

I think the divorce will go through but I am more concerned about minimising my losses.

Re: Where to divorce
 

If the wife was the primary care giver of the child she stands to get 75% of all assets, there's one way of making this cheaper for yourself and that's just by not arguing involving solicters that cost thousands and give her what she wants up to 75%.

It'll save you a whole load of time and stress and can easily be done with a simple court order, of course under Australian regulation before the divorce can be finalised you must attend counselling sessions usually at the family mediation centers.

Re: Where to divorce
 

In the UK if adultery is a reason the divorce can be quick if it is simply breakdown then there is a two year period and generally the court expects some effort had been made for mediation etc..

Re: Where to divorce
 

A quick google indicates you need to be domiciled or habitually resident to divorce in the UK. I don't think it will in any case that adultery will make much difference on the split of assets or future childcare payments.

Re: Where to divorce
 

Thank you that's what I feared.

Re: Where to divorce
 

So if I'm reading this right you want to divorce where you would potentially get more or are you asking for the quickest route?

Re: Where to divorce
 

Can I ask When did that change please?