Can Ur wife divorce u in Australia in Ur absence?

[Kenny202]

Just wondering . We been separated for well over 2 years now. Have a water tight property settlement and all that was put to bed a long time ago. House sold etc. No kids. I don't plan to marry again so no biggy for me...Not worth the $2000 for me to do it but wondering if she may have done it without me knowing as I have been out of the country for 8 months? She doesn't have my address but cud contact me if she wanted too. Is there anyway I can check?

[wjhall]

Ur wife? Ur absence? What is happening to the English language?

[Soutpeel]

Ur wife? Ur absence? What is happening to the English language?

Absolutely nothing, the OP is an Aussie so these sorts of things are to be expected LOL

[pgrahmm]

I believe legally - normally = no....however as in anywhere especially Asia many things can happen when money crosses the right hands for the wrong reasons & and as a farang getting a legal decree reversed (especially with it being what you appear to want in the first place).....I am not sure if they have time/abandonment laws in affect or maybe declare you incompetent and proceed......you are not in a favorable position.....

[Kenny202]

Don't get me wrong. Quite happy for her to proceed. Only a formallity. I think from what I read a person can lodge a divorce in the absence of the partner. I was just wondering if there is anywhere online I cud check.

[simple1]

Don't get me wrong. Quite happy for her to proceed. Only a formallity. I think from what I read a person can lodge a divorce in the absence of the partner. I was just wondering if there is anywhere online I cud check.

Wife can complete a divorce by advising the Court she has been unable to locate you. Court will ask what actions she took to locate you, but really can't prove anything one way or the other unless the Court really wanted to invest time and effort which would be highly unlikely.

I'm assuming you would be able to guess the Amphur or State in Oz where the divorce request was lodged so just make a request. For Oz go to...

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/home

[Soutpeel]

Don't get me wrong. Quite happy for her to proceed. Only a formallity. I think from what I read a person can lodge a divorce in the absence of the partner. I was just wondering if there is anywhere online I cud check.

If its the same as UK law, think you have to be out the picture for 6 years and they will be granted a divorce in absentia

[Arkady]

In order to divorce you against your will in Australia, she would have had to serve a notice on you physically with evidence that you received it, if you refused to acknowledge it. Then you would have been served with a court summons. The case court proceed in your absence, if you failed to show up without good reason but not, if you have not been served a notice that she was suing for divorce. The separation of property in Australia is a separate case that normally takes place after the divorce. I think your presence might not be required for this but you would know, if someone was suing you for divorce.