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Divorce in Melbourne when you married in China

A marriage registered in China does not necessarily require a divorce in China. An Australian court may grant a divorce if the marriage is recognised and the Australian jurisdiction requirements are met. Before applying, separate the question of ending the marriage from arrangements for children and money.

Updated October 2026

Who can apply

Section 39(3) of the Family Law Act 1975 (Cth) provides alternative citizenship, domicile and ordinary residence connections. One route is ordinary residence in Australia throughout the year immediately before filing. A temporary visa does not itself answer every jurisdiction question. Section 48 requires irretrievable breakdown, demonstrated by at least 12 months of separation immediately before the application, and no reasonable likelihood of reconciliation. Separation under one roof requires supporting evidence; moving bedrooms alone may not establish it.

Documents and overseas service

The Court requires a marriage certificate. If it is not in English, the original and translation must accompany the translator's affidavit. A sole application must be properly served. If your spouse lives in China, obtain advice about the applicable international service procedure and timing. Email or WeChat contact alone should not be assumed to satisfy service requirements.

A divorce does not divide assets

In Clayton v Bant [2020] HCA 44, the High Court held that the Dubai proceedings did not preclude the Australian property and maintenance claims in that case. The decision shows why the scope of an overseas order matters; it does not guarantee that every foreign divorce leaves Australian financial claims open. For Australian divorce orders, s 44(3) generally imposes a 12 month period after the order takes effect for property and spousal maintenance proceedings, unless leave is obtained. Overseas decrees require separate timing advice.

Your next step

Prepare your marriage documents, separation chronology, each spouse's location and details of any Chinese proceedings. Ask for advice before choosing where to file, particularly if property or children are in both countries.

Key legislation and cases

Author: Hugh Zhao

Last updated: October 2026

Jurisdiction: Victoria, Australia

Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.