Divorcing in Finland to an Australian in Australia.

[Milksteak]

I have read another thread about divorce and I found a lot of great info but I can't seem to get anything in regards to the person you are divorcing being Australian and living in Australia. I am a resident living in Finland (but not a citizen) and want to divorce in Finland an Australian living in Australia. Would that make things difficult or should I just go to Maistraatti and things should be straight forward?

[Adrian42]

I have read another thread about divorce and I found a lot of great info but I can't seem to get anything in regards to the person you are divorcing being Australian and living in Australia. I am a resident living in Finland (but not a citizen) and want to divorce in Finland an Australian living in Australia. Would that make things difficult or should I just go to Maistraatti and things should be straight forward?

The first question is whether you can file for divorce in Finland.

The second question is whose countries' divorce law will be applied for the divorce - that can be different from the local law of the country where the divorce is filed.

You should really consult a lawyer who is specialized in family law.

[cors187]

I have?

If there is any complicated issues it will be because of Finland not Australia.
Australia accepts peoples legal marriages so it accepts their legal divorce.
Your ex might have to get his paperwork notarized or something lawyer-ish.

[Adrian42]

Australia accepts peoples legal marriages so it accepts their legal divorce.

Like so often, you are talking complete bullshhit.

Even a marriage is only recognized in Australia if it would have been legal in Australia.

For divorces there are more strict rules where and under what legislation they are possible, and prerequisite is for example in Australia usually a one year separation.

As an Australian living with his Australian wife in Australia, you could not avoid the separation period and possibly spouse and child support payments by making a vacation to Northern Korea and unilaterally filing for divorce there under local law. Or getting a divorce from a Northern Korean court that would give the sole custody for your children to you. (But a marriage in Northern Korea might be recognized by the Australian government.)

[interleukin]

OP hasn´t written hän´s nationality, that is pretty important too. Is the OP Australian too? Or something else?

[cors187]

Australia accepts peoples legal marriages so it accepts their legal divorce.

Like so often, you are talking complete bullshhit.

Even a marriage is only recognized in Australia if it would have been legal in Australia.

For divorces there are more strict rules where and under what legislation they are possible, and prerequisite is for example in Australia usually a one year separation.

As an Australian living with his Australian wife in Australia, you could not avoid the separation period and possibly spouse and child support payments by making a vacation to Northern Korea and unilaterally filing for divorce there under local law. Or getting a divorce from a Northern Korean court that would give the sole custody for your children to you. (But a marriage in Northern Korea might be recognized by the Australian government.)

http://www.smartraveller.gov.au/tips/ma ... ecognition

Marriages entered into overseas are generally recognised as valid in Australia

if the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and
providing the marriage would have been recognised as valid under Australian law if the marriage had taken place in Australia.

There is no requirement to register a marriage in Australia which takes place overseas. The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage.

Its best if you stay in your imaginary world where your the favorite immigrant in the building!

[cors187]

You also never mentioned where you were married , but like i said, life is too easy in AUS.
http://www.familylawcourts.gov.au/wps/w ... e/Divorce/

I married overseas – can I get a divorce in Australia?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
are an Australia citizen by birth or descent
are an Australia citizen by grant of an Australia citizenship
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:

an English translation of it, and
an affidavit from the translator which:
states his or her qualifications to translate
attaches a copy of the marriage certificate
attaches the translated marriage certificate
states that the translation is an accurate translation of the marriage certificate, and
states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.

[Adrian42]

Australia accepts peoples legal marriages so it accepts their legal divorce.

Like so often, you are talking complete bullshhit.

Even a marriage is only recognized in Australia if it would have been legal in Australia.

For divorces there are more strict rules where and under what legislation they are possible, and prerequisite is for example in Australia usually a one year separation.

As an Australian living with his Australian wife in Australia, you could not avoid the separation period and possibly spouse and child support payments by making a vacation to Northern Korea and unilaterally filing for divorce there under local law. Or getting a divorce from a Northern Korean court that would give the sole custody for your children to you. (But a marriage in Northern Korea might be recognized by the Australian government.)

http://www.smartraveller.gov.au/tips/ma ... ecognition

Marriages entered into overseas are generally recognised as valid in Australia

if the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and
providing the marriage would have been recognised as valid under Australian law if the marriage had taken place in Australia.

There is no requirement to register a marriage in Australia which takes place overseas. The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage.

Its best if you stay in your imaginary world where your the favorite immigrant in the building!

Thanks for quoting something that confirms what I wrote.

[Adrian42]

You also never mentioned where you were married , but like i said, life is too easy in AUS.
http://www.familylawcourts.gov.au/wps/w ... e/Divorce/

I married overseas – can I get a divorce in Australia?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
are an Australia citizen by birth or descent
are an Australia citizen by grant of an Australia citizenship
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:

an English translation of it, and
an affidavit from the translator which:
states his or her qualifications to translate
attaches a copy of the marriage certificate
attaches the translated marriage certificate
states that the translation is an accurate translation of the marriage certificate, and
states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.

Nowhere does this confirm your bullshhit claim that Australia would consider a divorce from some random third country none of the spouses has a strong relation with as valid.

Another important matter is the question of applicable law. Like it is completely normal that a Finnish court might decide on a divorce based on French or Estonian laws when that's the applicable law in the case. There might even laws from different countries be considered for different parts of the divorce.

[Adrian42]

OP hasn´t written hän´s nationality, that is pretty important too. Is the OP Australian too? Or something else?

There are more pretty important questions, like:
In what country was the marriage?
In what countries did the spouses live together?
Are there underage children, and if yes, in what countries are they living?

And to avoid costly mistakes, the OP should really ask a lawyer.

[cors187]

You also never mentioned where you were married , but like i said, life is too easy in AUS.
http://www.familylawcourts.gov.au/wps/w ... e/Divorce/

I married overseas – can I get a divorce in Australia?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
are an Australia citizen by birth or descent
are an Australia citizen by grant of an Australia citizenship
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:

an English translation of it, and
an affidavit from the translator which:
states his or her qualifications to translate
attaches a copy of the marriage certificate
attaches the translated marriage certificate
states that the translation is an accurate translation of the marriage certificate, and
states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.

Nowhere does this confirm your bullshhit claim that Australia would consider a divorce from some random third country none of the spouses has a strong relation with as valid.

Another important matter is the question of applicable law. Like it is completely normal that a Finnish court might decide on a divorce based on French or Estonian laws when that's the applicable law in the case. There might even laws from different countries be considered for different parts of the divorce.

Sorry , but i have no idea what your discussing.
The links prove that legal marriage overseas can be divorced in Australia.THE OP said the ex was Australian.
So yes Australia can fix the OP problems no matter what.Which is exactly what i said.

If there is any complicated issues it will be because of Finland not Australia.
Australia accepts peoples legal marriages so it accepts their legal divorce.
Your ex might have to get his paperwork notarized or something lawyer-ish.

If the marriage is legal in another country that does not contradict Australian laws(man marries frog), then the same is true for a legal divorcement.

The whole point of the links is to provide explicit evidence that an Australian citizen , no matter how screwed up his judgements and doings was , he can legally remove himself of former contracts.
If the contract can be considered legal in Australia , then the contract can be removed legally in Australia.
If the contract cannot be considered legal in Australia , then there is no contract to be removed in Australia!

[cors187]

Nowhere does this confirm your bullshhit claim that Australia would consider a divorce from some random third country none of the spouses has a strong relation with as valid.

The only real info this OP gave was the ex is an Australian in Australia.
Europeans are the only ones that sweat about their franchised life's.I know because i have to deal with this junk now!
The ausssie doesnt even care, he knows all his troubles can be resolved through intelligent legislation, and he can do it online without paying some random lawyer called "Mr Panic"!

[Adrian42]

Another important matter is the question of applicable law. Like it is completely normal that a Finnish court might decide on a divorce based on French or Estonian laws when that's the applicable law in the case. There might even laws from different countries be considered for different parts of the divorce.

Sorry , but i have no idea what your discussing.

Exactly that is the problem - you have no idea what you are talking about.

What you quoted talks about when you can file for divorce at an Australian court. Whether the Australian court will decide based on Australian laws, or based on Finnish or other foreign laws is a separate question.

If there is any complicated issues it will be because of Finland not Australia.
Australia accepts peoples legal marriages so it accepts their legal divorce.
Your ex might have to get his paperwork notarized or something lawyer-ish.

If the marriage is legal in another country that does not contradict Australian laws(man marries frog), then the same is true for a legal divorcement.

The whole point of the links is to provide explicit evidence that an Australian citizen , no matter how screwed up his judgements and doings was , he can legally remove himself of former contracts.
If the contract can be considered legal in Australia , then the contract can be removed legally in Australia.

The space between your ears seems to be completely filled with shhit...

Let me give you a simple example that contradicts your nonsense:
Your work contract with your Finnish employer would be considered legal in Australia.
You cannot get your Finnish work contract legally removed in Australia, you have to do that in Finland based on Finnish laws.

[cors187]

What you quoted talks about when you can file for divorce at an Australian court. Whether the Australian court will decide based on Australian laws, or based on Finnish or other foreign laws is a separate question.

The laws pertaining to divorce are irrelevant , they are circumstantial based on information about 2 clients that have not submitted any details.

My posts prove through legal maneuvering , that if 1 client is or meets,

regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
are an Australia citizen by birth or descent
are an Australia citizen by grant of an Australia citizenship
ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

that Australia can infact process a Divorce(Overseas marriage) and it will also accept a legal divorce.
Theres really not much more information the OP can expect from this post below,

Re: Divorcing in Finland to an Australian in Australia.
I have read another thread about divorce and I found a lot of great info but I can't seem to get anything in regards to the person you are divorcing being Australian and living in Australia. I am a resident living in Finland (but not a citizen) and want to divorce in Finland an Australian living in Australia. Would that make things difficult or should I just go to Maistraatti and things should be straight forward?

Your posts are completely deflective.

deflective

capable of changing the direction

So at-least now the OP knows for sure that if there is any problems , its from people in Europe or the Finnish government.
Which i think is really good to know!.
Or you can go and see a lawyer,lol, the OP didnt know that and neither did I.

[cors187]

Let me give you a simple example that contradicts your nonsense:
Your work contract with your Finnish employer would be considered legal in Australia.
You cannot get your Finnish work contract legally removed in Australia, you have to do that in Finland based on Finnish laws.

Even though the family law courts does not create a transferable image into the work and business legislation.
I should actually report back on that if i have time to study, maybe i can take a few more of your beans!