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 but a guide to assist you.
If you ave not ben separated for 12 months you cannot get divorced in Australia. At the same time at least one of the parties has to be present in Australia when the Divorce application is filed and also there on the date that the divorce is listed.
You also need to file with the application a certified copy of the marriage certificate to prove the marriage.
If you marry and do not have a divorce granted and final then you have committed a breach of the Marriage Act in Australia and you are a bigamist.
Here is some information about applying for a divorce.
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