Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_104:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 104 (pt 1/3)
Character Range: 891673–894305

104  Overseas decrees
 (1) In this section:
applicant, in relation to a divorce or the annulment of a marriage or the legal separation of the parties to a marriage, means:
 (a) the party at whose instance the divorce, annulment or legal separation was effected; or
 (b) where the divorce, annulment or legal separation was effected at the instance of both the parties—each of the parties.
marriage includes a purported marriage that is void.
relevant date, in relation to a divorce or the annulment of a marriage or the legal separation of the parties to a marriage, means the date of the institution of the proceedings that resulted in the divorce, annulment or legal separation.
respondent, in relation to a divorce or the annulment of a marriage or the legal separation of the parties to a marriage, means a party to the marriage, not being a party at whose instance the divorce, annulment or legal separation was effected.
 (2) For the purposes of this section, a person who is a national of a country of which an overseas jurisdiction forms part shall be deemed to be a national of that overseas jurisdiction.
 (3) A divorce or the annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an overseas jurisdiction shall be recognised as valid in Australia where:
 (a) the respondent was ordinarily resident in the overseas jurisdiction at the relevant date;
 (b) the applicant or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was ordinarily resident in the overseas jurisdiction at the relevant date and either:
 (i) the ordinary residence of the applicant or of that applicant, as the case may be, had continued for not less than 1 year immediately before the relevant date; or
 (ii) the last place of cohabitation of the parties to the marriage was in that jurisdiction;
 (c) the applicant or the respondent or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was domiciled in the overseas jurisdiction at the relevant date;
 (d) the respondent was a national of the overseas jurisdiction at the relevant date;
 (e) the applicant or, in a case referred to in paragraph (b) of the definition of applicant in subsection (1), one of the applicants, was a national of the overseas jurisdiction at the relevant date and either:
 (i) the applicant or that applicant, as the case may be, was ordinarily resident in that jurisdiction at that date; or
 (ii) the applicant or that applicant, as the case may be, had been ordinarily resident in