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Divorce in Australia between a native and a Spanish

  • 14-10-2009 6:51pm
    #1
    Ray007
    Registered Users, Registered Users 2 Posts: 36 ✭


    Hi

    I have a brother living & married to an aussie. They have a daughter in common but want to get divorce. Juat wondering if it makes any difference whether he applies for the divorce in Spain or Australia? Given the fact that his daughter has double nationality, but the laws are quite different for custody in both countries.

    Regards
    R


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    It's the country where the daughter is habitually resident who should decide issues of custody/access. Divorce can of course be got in either country depending on its laws, normally domicile/ordinary residence/citizenship is required in either country to get a divorce there. For divorce to be recognised in Ireland one of parties to the marriage must be domiciled in jurisdiction that granted it.


  • #3
    Ab roller plus
    Closed Accounts Posts: 55 ✭✭Ab roller plus


    If he is living in Australia why would he want to travel to Spain for a divorce?

    Gabhain7 is spot on in any case.

    If getting a divorce try to minimum stress and costs by coming to an mutually agreeable settlement ASAP. Try collabortive law, I'm sure they have this system in Australia.


  • #4
    exozzie
    Closed Accounts Posts: 14 ✭exozzie


    The issue of divorce, custody and child support in Australia are related, but separate.

    Divorce is simply "no fault" and can be effected after 12 months of legal separation.

    Child custody can be agreed using a number of processes, but a Parenting Ageement between the parties is common. The agreement can be informal or registered with the court. The system encourages the parents to agree outside of court, in the best interests of the child.

    Given the fact that the parents have different nationalities it may be an idea to agree on domicile and to register it. As people move on with their lives the warm and fuzzy agreements about their children are often forgotten.

    Child support is based on income, time spent with either parent, other children, etc.

    The Australian Government has extensive information on the web.

    Good luck


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