If you divorced overseas, an Australian celebrant, court or agency may ask to see the divorce document. This guide explains the recognition rule and what translation is usually requested.
Last reviewed 30 October 2026 against official sources.
Australian law has a specific rule for this. Section 104 of the Family Law Act 1975 (Cth) says that a divorce effected in accordance with the law of an overseas jurisdiction is recognised as valid in Australia where one of a list of connections existed when the overseas proceedings began. The listed connections include a party being ordinarily resident in, domiciled in, or a national of that overseas jurisdiction.
The same section sets out exceptions. A divorce is not recognised under those grounds where a party to the marriage was denied natural justice, or where recognition would manifestly be contrary to public policy. Section 104 also preserves recognition of a divorce that would be valid under the common law rules of private international law.
Legal Aid NSW puts the position in plain terms: a divorce obtained in another country will be recognised in Australia as long as it was done legally, and if you are unsure whether your overseas divorce is recognised, you should get legal advice.
Whether a particular divorce meets the test is a legal question, not a translation question. We translate what the document says. We cannot tell you whether it is recognised, so if there is any doubt, speak to a family lawyer before you rely on it.
Each body sets its own requirements. The rule quoted above is NSW guidance; other states and territories publish their own, so check the rules where you will marry.
The reverse situation is just as common: you married overseas and now want to divorce here. The Federal Circuit and Family Court of Australia divorce practice direction says a copy of the marriage certificate must be filed with an Application for Divorce. If the certificate is not in English, the applicant must also file an English translation annexed to an Affidavit – Translation of Marriage Certificate.
The practice direction says that affidavit must be completed by the person who made the translation, verifying the translation and setting out their qualifications as a translator. The Court’s form page adds that the affidavit must be sworn or affirmed before a Justice of the Peace or a lawyer, and filed at the same time as the Application for Divorce.
Translator affidavits are quoted separately, where available. If you need one, say so in your enquiry so it is covered before you pay.
An overseas divorce can be recorded in several ways, depending on the country. You may hold a court judgment or decree, a divorce certificate issued by a civil registry, an annotation on a marriage record, or an administrative or notarial record. Some countries issue a separate certificate confirming that the divorce has become final.
We translate the full document you upload, including stamps, seals, endorsements and handwritten notes, and we keep the layout close to the original so the two can be read side by side. If your divorce document refers to a separate judgment or a certificate of finality, ask the receiving body whether it needs that document too. It is easier to translate the whole set at once than to come back later.
Choose certified if the translation is going to a celebrant, a court, a registry or a government agency. It is translated and certified by a NAATI certified translator. Choose professional translation (non-certified) for review and reference, for example before a first meeting with a lawyer.
We are translators, not lawyers. Requirements differ between states, courts and agencies and can change, so confirm what is needed with the body receiving your document, or with a lawyer, before you order. See our divorce and family law translation page, or upload your documents for a quote.
We translate what your documents say. We do not advise on their legal effect, and we cannot confirm whether a particular court or agency will accept them. Please check requirements with the receiving body or your lawyer.
No. Recognition is a legal question under section 104 of the Family Law Act 1975. We translate the document; a family lawyer can advise on whether it is recognised.
The Federal Circuit and Family Court of Australia says a non-English marriage certificate must be filed with an English translation annexed to an Affidavit - Translation of Marriage Certificate. Translator affidavits are quoted separately, where available.
We translate whatever you upload, in full. If the receiving body only wants certain pages, tell us which ones in your enquiry and we will quote for those pages.
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