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I'm wondering if its possible to get an annulment, november

Customer Question
hi, i'm wondering if its...
hi, i'm wondering if its possible to get an annulment
JA: When did the marriage begin? What's the basis for the annulment?
Customer: november 2016. i'm residing in Singapore, but im a new zealander. my wife left and is now staying in Australia after 2 months. she has no plans of returning
JA: Family law varies by state. What state are you in?
Customer: not staying in new zealand at the moment
JA: Anything else you want the lawyer to know before I connect you?
Customer: we're both looking to move on quickly. is there a way to go through this process even though we've been married for less than a year?
Submitted: 4 months ago.Category: New Zealand Law
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Answered in 5 minutes by:
7/26/2017
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,244
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

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Customer reply replied 4 months ago
Hi Chris. I'm located overseas and my wife is residing in Melb, Australia. Is there any way we can file for annulment/divorce before 2 years?
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

Under New Zealand family law there is only one basis for having a marriage dissolved, which is that you must live apart for two years. It is not possible to decrease the separation period. You cannot reduce the time period unfortunately.

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

You may have another difficulty with getting a marriage dissolved if you no longer live in New Zealand, and your wife resides in Melbourne Australia. However under Australian law the time period to apply for dissolution is 12 months, and so your wife could make the application after November in the Australian family court

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Customer reply replied 4 months ago
I see. Thanks for that reply. I will get her to make then application in November then.
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

It's probably easier that way. The Family Proceedings Act in New Zealand requires that you should live in New Zealand or one of you should live here. But it's a black-and-white issue – you either are separated for two years or not this cannot be changed

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Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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Customer reply replied 4 months ago
Thanks. Dont have any other questions for now
Solicitor: Chris The Lawyer, Lawyer replied 4 months ago

I hope this helps

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Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,244
23,244 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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