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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 50805
Experience:  24 years experience. Admitted in New South Wales and the UK.
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Regarding a marriage in Queensland. The two parties were

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Regarding a marriage in Queensland. The two parties were already married to each other in the UK in 2001 and understood they were having a commitment ceremony in Queensland in 2003. The couple have divorced in the UK but discovered the ceremony in Australia was registered. Do they need to divorce again or can the ceremony be nullified?
JA: What steps have they taken? Have they filed any papers in family court?
Customer: Tried to investigate what route to take, assume divorce and have read the online forms but are seeking clarity on which submission/application to make.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: One lives in the UK and the other in Australia
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of at present thank you

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Good Morning

No they do not have to divorce again in Australia,

The divorce in the UK is valid.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Customer: replied 3 months ago.
Thank you Leon. A celebrant was provided with a copy of the UK decree absolute and searching the Queensland Register of births, deaths and marriages said that the document only cancelled out the UK 2001 marriage as that is the date referred to in the decree absolute, not the Australian ceremony held in 2003. I am therefore confused. I appreciate a celebrant is not a lawyer (though they could possibly be).

Does it only refer to the marriage in the UK?

Was it a marriage in QLD or just a commitment? They are very different here.

The second is not a marriage

Are either of you in Australia?

Customer: replied 3 months ago.
I understand it was a marriage.

In that case you have to get a divorce as well if it is not mentioned in the UK decree

Customer: replied 3 months ago.
Thank you for your assistance. The other party is now unlikely to cooperate in resolving this as they live in Australia after getting married in the UK (to another person). A rather complex situation.

If they live in australia you can apply online and have them served.

The court will grant it and you do not have to appear.

Here is the link on applying in australia

http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/how-do-i/divorce/apply-for-a-divorce/apply-for-divorce

Get the celebrant to send you the marriage certificate from QLD you need to send that in with the application.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

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