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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Please can you help me work out the following regarding my

Customer Question

Please can you help me work out the following regarding my marital status in Australia (I live in Australia as a dual citizen (Australian and UK Citizen)
please can you confirm the following:
I got married before in Australia as a temporary resident - I registered the marriage in the UK as I am a British Citizen.
1. I then became an Australian Citizen.
2. I then moved back to the UK
3. I then got divorced in the UK
4. I am now getting married in Portugal this year
5. I live in Australia as an Australian Citizen
Accordingly - will my divorce and re marriage be recognised in Australia?
(If this is officially recognised by Portugal and UK - because I am a UK Citizen as well (dual citizenship with Australia) - do I conclude that I do not have to provide Australia with any further certificates to support this and that it will be recognised - that I am officially divorced and then remarried?
Your clarification is greatly appreciated
Thanks
Anne-***** *****
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you divorce in the UK then your divorce is recognised in Australia and vice versa

The Divorce decree from the UK is enough.

But your property split will have to be registered here is there are assets in Australia.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
But it is not necessary to register the divorce here - unless there is some kind of challenge - is that correct? - so my status here at the moment would still be married to my first husband? If I died for example with my current status - would my ex husband be my next of kin? and my future husband would then have to go through providing proof that he is my next of kin?
Also above you have mentioned this is not 'legal advice' - I thought I was contacting a solicitor for legal advice?
Thanks for all your help Regards Anne-Marie
Expert:  Leon replied 1 year ago.

No

But if you wish to marry here you have to have a copy of the court order from the UK to show you are divorced.

Unless you get a divorce he will still have a claim on your estate.

You have to amend your Will to make sure that your new husband has the right to deal with things and also the WIll has to be made in contemplation of marriage otherwise it is invalid when you marry

Expert:  Leon replied 1 year ago.

It is not legal advise from the point that you are not a client.

I am a qualified Solicitor and giving the information based on the law.

What I am telling you is the law but you are not my client.