Documents You Need Notarised When Settling a Divorce Across Borders

A divorce crosses borders when the spouses live in different countries, when the marriage took place abroad, or when there is property in more than one country. Each of those adds paperwork, and at several points a signature has to be witnessed in a way another country will accept.

This page follows a cross-border divorce in the order it usually unfolds, and shows where a notary is needed — and, just as often, where the document has to be signed somewhere else entirely. It is not legal advice: in a cross-border divorce, which country's court deals with it can change the outcome, and you should speak to a family lawyer before filing anywhere.

Step one: which country's court?

Both spouses may be able to divorce in more than one country. An Australian court can deal with a divorce where either spouse has a sufficient connection to Australia, such as citizenship or residence, and the court's own guidance sets out the eligibility requirements. The other country may also have jurisdiction.

The choice matters because property and maintenance rules differ between countries, and so do the documents you will need. Take advice before either of you files.

Step two: if the divorce is in Australia and your spouse is overseas

A joint application. If you apply together, your spouse abroad has to sign, and some documents may need to be sworn or affirmed. They cannot do this before a notary in Australia — they are not here. They sign before someone the court accepts in the country where they live, commonly a local notary or an Australian consular officer. Check the court's current guidance on who may witness documents signed overseas before your spouse books anyone.

A sole application. The application has to be served on your spouse. Serving documents in another country follows rules that depend on that country: some are served through a formal treaty channel, others by local methods. The person who serves the documents usually makes a sworn statement of service where the service happened. Again, that is signed abroad, not before an Australian notary. Get the court's guidance or a lawyer's help before attempting service overseas, because defective service delays everything.

Step three: if the divorce is abroad and you are in Australia

This is where the Australian notary most often comes in. If your spouse has started proceedings in another country, that court may need documents from you:

• an acknowledgement that you received the papers
• your consent to the divorce, or to proposed orders
• a sworn statement or affidavit in response
• a power of attorney for a lawyer to represent you there

You sign these in Australia, before a notary. The foreign lawyer or court will usually specify the form and wording; do not draft your own. The notary checks your identity, administers any oath or affirmation, and witnesses your signature. The document then goes to DFAT for an apostille, or for authentication followed by legalisation at that country's embassy if it is not an Apostille Convention member — which must be checked against the HCCH status table on the day.

Step four: dividing property in another country

An Australian divorce order ends the marriage. It does not divide property; that is done by separate property orders or a financial agreement, often made later.

An Australian property order about a house in another country does not, by itself, change who owns that house. Somebody still has to transfer it under the local law, which usually means:

• the foreign registry or court recognising the Australian orders, for which it will want sealed copies from the Australian court, authenticated for use abroad; and
• the spouse giving up the property signing a transfer, or a power of attorney for someone to sign it, in the local form.

If that spouse is in Australia, those documents are signed before a notary here and authenticated. The lawyer in the country where the property is should draft them. Our page on selling property overseas covers the power of attorney chain, which is the same.

Step five: the documents afterwards

Once divorced, you may need to prove it abroad — to remarry, to update a foreign civil register, or to change a name on a foreign passport. Foreign authorities often ask for a "decree absolute", which Australia no longer issues; what they need is evidence that the Australian divorce order has taken effect. Our page on notarising a divorce decree explains what to obtain, and whether DFAT can authenticate the court's document without a notary.

If your divorce was granted overseas and you need to rely on it in Australia, whether it is recognised here is a legal question for a family lawyer. You do not need an Australian notary for it; the foreign divorce document is authenticated, if at all, in the country that issued it, and translated by a NAATI-credentialled translator for use here.

Where children are involved

Parenting arrangements across borders — where a child will live, travel consents, relocation — raise separate and sometimes urgent legal questions. If a child has been taken to or kept in another country without your agreement, contact a family lawyer immediately. For a routine travel consent, see our page on notarising a child travel consent.

Frequently asked questions

Can I sign my spouse's part of the joint application for them? No. Each person signs their own documents, before a witness where they are.

Can a Justice of the Peace witness documents for the foreign court? Not usually. A JP's certification is not recognised abroad and cannot be apostilled.

Do I need a lawyer in both countries? If there is property or there are children in both, very often yes.