With the globalisation of family law, practitioners will often come across the difficult task of dealing with multi jurisdictional cases such as overseas orders, overseas property, overseas service, jurisdictional matters, enforcement, international marriage, divorce, custody and child support.
Read our paper, International Relationship Breakdown: Parenting And Property Issues (pdf, 309kb)
This paper seeks to serve as a guide to practitioners and addresses the legal complexities arising from the breakdown of international relationships, focusing on parenting arrangements and property settlements. It provides a framework for understanding jurisdictional challenges, cross-border disputes, and legal principles under the Family Law Act 1975.
Navigating Complexities in International Family Law Matters
In an increasingly globalised world, relationship breakdowns frequently cross national boundaries—introducing added complexity to disputes around parenting, property and maintenance. Australian family lawyers are now often called to address jurisdictional uncertainty, competing overseas proceedings, recognition of foreign orders, and challenges with enforcement across borders.
The Family Law Act 1975 (Cth) sets out certain criteria for determining jurisdiction in matters such as divorce, parenting orders, and property settlements. But these are only the starting point. As detailed in our extended legal paper, there are broader considerations like forum non conveniens—the test for determining whether Australia is a clearly inappropriate forum to hear the case—and anti-suit injunctions, which can be used to stop overseas proceedings that may interfere with Australian court processes
Property, Parenting and Maintenance Across Borders
One of the most complex issues in international family law is determining how and where property proceedings should be brought, especially when assets or parties are located overseas. Under sections 31(2) and 39(4)(a) of the Family Law Act, Australian courts can exercise jurisdiction over overseas property, provided one party is an Australian citizen or resident. However, these cases require careful navigation, especially when recognition or enforcement of foreign judgments becomes a concern.
Parenting matters bring their own set of challenges. If one parent relocates with the child overseas, enforcement of Australian parenting orders—unless registered properly in the other country—can be difficult or even impossible. Inversely, overseas orders may be registered in Australia if they originate from a reciprocating jurisdiction, as outlined in the Family Law Regulations 1984 (Cth).
Spousal and child maintenance issues also demand a working knowledge of reciprocating jurisdictions, Hague conventions, and the process of registering foreign orders in Australia or vice versa. As the paper explains, collection and enforcement across borders can be lengthy and cumbersome, often requiring intervention from both legal and diplomatic channels.
Timing, Strategy and the Right Legal Advice
The order in which proceedings are commenced—whether in Australia or overseas—can heavily influence the outcome. Courts consider whether initiating local proceedings would be oppressive or vexatious in light of existing foreign proceedings. In some cases, such as Dobson and Van Londen, Australian courts have issued anti-suit injunctions to restrain parallel litigation abroad where it was likely to interfere with the local matter.
Practitioners must assess, early and decisively, the forum that offers the most favourable, enforceable, and cost-effective outcome for their clients. The risks of duplicated litigation, unenforceable orders, or prolonged cross-border conflict are real and significant.
Final Thoughts and How We Can Help
As demonstrated in our comprehensive paper, International Relationship Breakdown: Parenting and Property Issues, these cases involve much more than just applying the Family Law Act—they demand a multi-jurisdictional lens, strategic foresight, and specialised knowledge of both domestic and foreign legal systems.
If your family law matter involves international elements—whether related to parenting, overseas property, jurisdictional disputes, or the enforcement of foreign orders—don’t navigate it alone. Contact us today. Our experienced team is ready to help you find clarity and protection in even the most complex cross-border disputes.