A divorce granted in Australia under the Family Law Act on the ground of twelve months' separation may not be recognised in India unless the conditions in section 13 of the Civil Procedure Code are met. A mutual consent divorce in India, with the spouse in Australia participating through a power of attorney and video, is often the safer route. Contested cases can also be pursued from Australia.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Australia: how it works
Indian courts recognise a foreign divorce if it was granted on a ground available under the law under which the couple married and the other spouse submitted to the foreign court or consented, following the Supreme Court in Y Narasimha Rao (1991). An Australian divorce based only on separation, granted without the other spouse's participation, carries a risk of non-recognition, which matters for remarriage, inheritance and property in India.
For mutual consent divorce under section 13B of the Hindu Marriage Act, both spouses file a joint petition in the Indian family court. The spouse in Australia can sign before a notary with a DFAT apostille and appear by video, which many family courts allow. The cooling-off period can be waived in suitable cases following Amardeep Singh (2017). We also handle maintenance, child custody and division of property in the settlement.
What clients in Australia should know
- If you already have an Australian divorce, we can advise whether it is likely to be recognised in India or whether an Indian decree is advisable.
- Australian property settlement orders do not automatically bind property in India; include Indian assets in an Indian settlement.
- For remarriage in India or to an Indian citizen, an Indian divorce decree avoids questions later.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Australia and the Cross-Border Family Law practice area.
Questions from clients in Australia
Is my Australian divorce valid in India?
It depends on the ground and whether your spouse participated. We review the decree and advise.
Can we get a mutual divorce in India while living in Australia?
Yes. Spouses sign before a notary with an apostille and courts often allow video appearance.
How long does mutual divorce take in India?
From a few months to about a year, shorter if the waiting period is waived.