A separation does not stay within one postcode. Many people deal with Australian family law issues from London, Singapore, Manila, or Dubai. They may have moved overseas after the relationship ended, or their former partner and children may still be in Victoria.
Distance makes things feel harder than they need to be. With the right preparation, much of the work can be done remotely.
Australian law, wherever you live
Australian family law is federal, set out mainly in the Family Law Act 1975. Whether an Australian court can deal with your matter depends on your connection to Australia, such as citizenship, residence, or where the children live. That question is usually one of the first a lawyer will examine.
The rules in your current country may be very different. What is standard practice there may not apply in Australia, and vice versa.
Time limits still apply
Living abroad does not pause the clock. Separated de facto couples generally have two years from the end of the relationship to apply for property orders or maintenance. Married couples have twelve months after a divorce order takes effect.
De facto lawyers often meet people who assumed an overseas move put things on hold, only to find the deadline approaching. Applying late requires the court’s permission, which is not automatic.
Children and moving countries
If children are involved, relocation needs particular care. Where orders are in place, or the other parent has parental responsibility, a parent should not move a child overseas without agreement or a court order. Moving without consent can lead to orders requiring the child’s return.
Get advice before any move, not after.
How Freemont Family Lawyers supports clients abroad
Freemont Family Lawyers offers online appointments alongside its offices in the Melbourne CBD, St Kilda Road, Dandenong and Pakenham. For clients overseas, meetings can happen by video at a time that suits both time zones, and documents can be shared electronically.
The firm handles family law matters, including property, parenting and de facto relationships, as well as wills and estates. That last area matters for people overseas who need help with a Victorian estate after a family member dies.
Making remote work easier
A few habits help. Keep copies of key documents in one secure digital folder. Note your separation date and any important deadlines. Ask early whether you will need to sign anything in front of a witness, since some documents have specific requirements and arranging that overseas can take time.
Also confirm how you prefer to be contacted, and in which time zone. If you travel back to Australia occasionally, let your lawyer know your dates, since an in-person meeting or signing can sometimes be arranged around a visit.
A practical starting point
Distance should not stop you from understanding where you stand. An early conversation can identify your deadlines, clarify which country’s rules apply, and set a sensible path forward.
This article describes Australian family law in general terms. Laws differ in other countries, so seek advice for your situation.