Jurisdiction Considerations
For international couples, one of the most critical initial questions is which country's courts will have jurisdiction over family law matters. In Australia, the Federal Circuit and Family Court has jurisdiction when either party is an Australian citizen, is ordinarily resident in Australia, or is present in Australia on the date of filing.
When both Australian and overseas courts could potentially have jurisdiction, strategic considerations about where to commence proceedings become important, as different jurisdictions can produce significantly different outcomes.
Property Division for International Couples
Australia's family law property division regime is broadly discretionary, with the court considering contributions (financial and non-financial), future needs, and what is "just and equitable." For international couples, additional complexities arise when assets are located in different countries, including valuation of overseas assets, enforcement of Australian orders overseas, and the interplay between different legal systems' approaches to matrimonial property.
Children & Custody Across Borders
Parenting disputes involving international couples raise sensitive questions about where children will live and how they will maintain relationships with both parents across borders. Australian courts prioritize the best interests of the child and are generally reluctant to allow relocation of children overseas unless there are compelling reasons.
Binding Financial Agreements (Prenups)
Binding Financial Agreements (BFAs) — often called prenuptial agreements — are particularly valuable for international couples. A well-drafted BFA can provide certainty about property division, reducing the impact of jurisdictional differences and protecting assets in both countries. However, BFAs must meet strict legal requirements to be enforceable in Australia.
The Hague Convention & Child Abduction
Both Australia and India are signatories to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a mechanism for the return of children wrongfully removed from their country of habitual residence. Understanding these protections is essential for parents in international relationships.
Collins Quarters International's Family Law team has extensive experience with international family law matters. Contact us for confidential advice.