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International Divorce & Family Law: Australia & New Zealand

We regularly advise clients with connections to Australia who are going through divorce. In addition to advising on Australian divorce settlements and prenuptial agreements our work  encompasses advice on inheritance issues, children proceedings and financial proceedings.

We are specialist international divorce lawyers and family solicitors and we have advised numerous clients who are either UK-based but originate from Australia or New Zealand, or are living outside of the UK but have a connection with England or Wales. We also advise local authorities and other bodies on specific aspects of Australian law and procedure. Partner Henry Brookman has been accepted as an expert witness in the High Court.

Australia’s family law system was revamped in 1975 with the introduction of The Family Law Act. It regulates the breakdown of marriage and children arrangements within Australia. Like England and Wales, Australia is a common law system so judges rely on previously decided cases when it comes to applying the Family Law Act in practice.

To issue divorce proceedings in Australia one spouse must be a citizen of Australia, domiciled there or ‘ordinarily resident’ in Australia for at least a year before the beginning the divorce process.

Australia has a no-fault system of divorce, meaning that parties only need to demonstrate that the marriage has broken down and there’s no prospect of reconciliation. Courts have no interest in or need to investigate the causes for the marital breakdown.

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Australia & New Zealand

The scenarios below do not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Australian Property

The Scenario

Mr and Mrs B moved to Australia in retirement. They separated and their lawyers there were negotiating a financial settlement. They owned two houses in Australia. Mr B had a substantial pension from the U.K. They also owned a commercial property in England held through an offshore corporation.

Our Solution

We advised Mr B's Australian lawyers as to how a share of his pension could be directed to Mrs B, and how to assess the value of that. We also advised as to whether an Australian order could be effective to deal with the commercial property, and what could be done to effect an agreed settlement if Mrs B gave up any claim to it. Subsequently we obtained "mirror" consent orders in England.

Lost Marriage Certificate

The Scenario

Mrs H is a dual Australian and British national and moved to London six months ago.  Her husband is based in Australia.  Mr and Mrs H were married in Argentina and Mrs H does not have a copy of the Marriage Certificate.  Mrs H is concerned as to what to do.

Our Solution

We first of all tried to locate the Marriage Certificate from Argentina.  However, the authorities had kept no central record of the marriage.  We therefore had to apply on the strength of evidence provided by Mrs H including a photo of the wedding.  We were successful in this application.  The divorce then proceeded.

If you have questions, contact us now, we can help you.

Australia & New Zealand FAQs

Here we summarise some of the common questions relating to family law and Australia and new Zealand.

Are prenups recognised in Australia?

Yes. Australia recognises both pre- and post-nuptial agreements (known as ‘financial agreements’) so long as:

  • The agreement is in writing and signed by both sides
  • Each spouse obtained independent legal advice about the effect of the agreement on his or her rights and the advantages and disadvantages of entering into such an agreement
  • The lawyer giving the advice provides a signed statement of  advice given and that statement is given to the other spouse

In some circumstances, including where there has been fraud, these financial agreements may be set aside. A prenup in England is also likely to be recognised as long as it too has been drawn up in the correct circumstances.

What kind of factors do the courts in Australia consider when deciding on a financial settlement?

Courts can only make financial orders that are ‘just and equitable’.

Under the legislation the courts must consider all direct and indirect financial contributions made by each party. In reaching a decision on finances the courts must also bear in mind the effect the order will have on the earning capacity of either spouse, the duration of the marriage and the extent to which the marriage affected the earning capacity of either party. Courts can also consider the impact any future cohabitation by either spouse may have on finances.

Do couples have to be separated before seeking a divorce?

Yes. In Australia couples must be separated for at least 12 months before issuing a divorce petition. Time spent living under the same roof but separately can count toward the 12 month waiting period. This requirement for separation is not necessary in England and Wales.

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I was very impressed with the initial free Teams consultation I had with Josh. He was entirely focused on my particular circumstances and gave me information in a friendly and professional manner. Our conversation was concisely followed up in writing.

Jun 2025   Susan Junod

I recently had the pleasure of speaking with Josh for a free consultation, and I couldn't be more impressed with the service I received. From the start, it was evident that Josh genuinely cared about my situation. The consultation was thorough and far exceeded my expectations in terms of length and depth.

May 2025   Yan

Jo was very friendly, empathetic and understanding. We managed to cover a lot of ground in 30mins, ensuring that I understood all of my options, the different approaches and indicative costs. Really appreciated the time and valuable insights, thank you.

Apr 2025   Sarah P

Can't rate highly enough - both professional yet personal. Superb attention to detail with understanding of the bigger picture. Excellent response and follow up.

Feb 2025   Emma Baker

In my initial call, Josh McPherson helped me understand the legal framework for separation and divorce in a really friendly, helpful way. I feel much more confident that I'm entering this process with the information I need.

Dec 2024   Polly Shields

Natasha from the law firm was amazing! She took the time to thoroughly explain everything to me in simple, easy-to-understand terms. I felt confident and informed throughout the process thanks to her patience and clear communication. Highly recommend her for anyone needing legal advice!

Oct 2024   Kc Cico

I had a consultation with Natasha and I’m extremely pleased with her advice and suggestions. She truly understands the complexities involved in international divorce, listened carefully to my concerns, and clearly explained the entire process. Natasha also provided valuable advice on my next steps and how to prioritize my actions.

Aug 2024   Dave

During my consultation Henry Bookman explained things so calmly and clearly, setting my anxiety about my divorce at ease. His advice was very very helpful. I feel a weight has been lifted.

Aug 2024   Janine Evans

Henry listened carefully to my circumstances, offered practical solutions, and explained the steps I need to take in a way that was easy to understand. His approach was genuinely helpful and empathetic, making a challenging time much easier to navigate.

Jul 2024   Tracy Henin

They were quick to respond and organise a consultation regarding my divorce proceedings. Henry was very knowledable and personable and the advice given really gave me the clarity I needed in an uncertain situation.

Jul 2024   Rebecca Lowe

My initial free consultation with Natasha Slabas was just over an hour and very informative. Natasha helped me understand the situation and the next steps involved. I would definitely proceed with Josh McPherson Solicitors in the future if required. They were very quick to book the initial consultation and very professional.

Jul 2024   Rajan Marwaha

Had an initial free talk with them. I was impressed with their honesty and understanding of the situation.

Jun 2024   Dianne Wilkins

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Joshhas practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Josh McPherson

Recommended by The Legal 500, Josh is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

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Partner

Henry Brookman

With over 45 years' experience, Henry Joshis the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

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Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

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Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

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Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

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Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

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Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

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Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

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Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

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Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

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Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

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Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

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Senior Associate

Amber Matheson

Based at the Guildford office, Amber has experience dealing with family matters including divorce, finances, separation after cohabitation, arrangements for children and leave to remove cases.

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Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

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Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

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Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

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Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

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Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

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Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

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Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

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Paralegal

Zahra Bandar

As a paralegal in the Family team, Zahra assists with a wide variety of matters, including divorce, matrimonial mediation, pre-nuptial agreements and Children Act matters.

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Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

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Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

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Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

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Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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If you have questions, contact us now, we can help you.

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Or call us on +44 (0)74 5234 7338