by emma80  07/09/2005  1161 Page Views
1 Comments  Family & de facto law, financial agreements, consent orders
Hi all,

We got married last year in July 2004 in Australia. He was a student
and finished his course just 1 mnth before the wedding. After the wedding
I sponsored him as his student visa was expiring. We were togetheronly for 1 month and then we seperated and he left the countryimmidiately and went to India. He is an Indian citizen now residing inIndia and I am an Australian citizen living in Australia.

Now after 1 year of seperation, I have received a divorce noticefrom his lawyer in India and have been asked to reply within 15 daysfor a mutual divorce or else wud be taken to court and all costs haveto be paid by me.
 
I have a few queries. To start with, can he obtain the divorcefrom India, taking into account the wedding happened here in Australia.Does this mean I dont have to apply for divorce here in Australia andis it valid here?

If I do want to apply for divorce here in Australia, I understand thelife of marriage should have been for 2 years. In my case its been only1 year and we have been together only for 1 mnth. If less than 2 years,I
understand there is special permission that needs to be shown whenapplying for divorce. What does this permission mean and include andcan I apply for this myself without having a lawyer? We cannot attendcounselling sessions, as he is overseas and doesnt have a valid visa tocome here.
 
Secondly I had to undergo a lot of financial hardship for the wedding,his families flight expenses to come here for the wedding and his legalexpenses for his sponsorship. Money given by my dad to him and his
parents as dowry. Would I be able to claim this from him? How do I go about doing this?

Thanks,
Emma.