Last reviewed: 28 October 2026
Quick answer
When a family has homes, businesses or children in Australia and also in Canada, the United States or the United Kingdom, more than one country’s courts may be able to decide the divorce and the property. Each divides property differently, so the choice of country, and who files first, can change the outcome significantly. All three countries apply the Hague Child Abduction Convention with Australia, and child support can be enforced with each of them. The most important step is to get coordinated advice in each relevant country before anyone files.
Many Chinese-background families with wealth across Asia hold assets in several Western countries at once: a home in Melbourne, a condominium in Vancouver or Toronto, an apartment in London, and children at university in Boston or Los Angeles. When a marriage ends, these families face a genuinely multi-country separation.
Where can you file?
| Country |
Basic test to divorce there |
Waiting period or ground |
| Australia |
Either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months |
12 months’ separation |
| Canada |
Either spouse has been habitually resident in the province for at least one year before filing |
Breakdown of the marriage, usually shown by one year living separate and apart |
| United States |
Set by each state; California, for example, requires six months’ residence in the state and three months in the county |
Varies by state |
| England and Wales |
Based on habitual residence or domicile, for example the applicant has been habitually resident there for one year, or either spouse is domiciled there |
No-fault divorce since April 2022; married at least one year |
Scotland and Northern Ireland have their own rules.
How each country divides property
- Australia. No presumption of equal sharing. The court considers all property, including pre-marital assets, gifts and inheritances, and weighs contributions and future needs. Since 10 June 2025 this framework is set out directly in the Family Law Act.
- Canada. Each province sets its own rules. In Ontario, for example, married spouses equalise their net family property: the spouse whose net worth grew more during the marriage pays the other half the difference. The matrimonial home is shared in full even if it was owned before marriage, while other gifts and inheritances are excluded. Common-law partners in Ontario do not share automatically.
- United States. Nine states, including California, Texas and Washington, are community property states, where property acquired during marriage is generally shared equally. Most other states divide marital property by equitable distribution.
- England and Wales. Courts apply principles of sharing, needs and compensation, and in long marriages often start from equal sharing of matrimonial property. English courts are known for meeting the needs of the financially weaker spouse generously.
The same family’s assets can therefore produce very different outcomes depending on the country. Pre-marital wealth, family gifts and inheritances are treated especially differently.
Competing proceedings
Where both spouses have connections to more than one country, each may file where the law favours them. Australia will only stop its own case if Australia is a clearly inappropriate forum. England applies a test of which forum is more appropriate and can, in some cases, grant an injunction restraining foreign proceedings. Canadian and American courts apply their own tests.
After a divorce in one country, financial claims may still be possible in another. For example, England can grant financial relief after a foreign divorce, and an Australian court may make property orders after an overseas divorce if there is Australian jurisdiction and the application is made in time. A divorce in one country does not necessarily end the financial dispute.
Recognition of an Australian divorce
- United Kingdom. An overseas divorce obtained through court proceedings is recognised if it is effective in the country where it was obtained and either spouse was habitually resident in, domiciled in or a national of that country.
- Canada. A foreign divorce is recognised if either spouse was habitually resident in that country for at least one year before the proceedings started, with other common law recognition rules preserved.
- United States. Recognition is generally given by comity under each state’s law.
An Australian divorce will usually be recognised in all three, but property orders may still need to be enforced locally.
Children
In Australia, parenting decisions are made in the child’s best interests. Since May 2024 there has been no presumption of equal shared parental responsibility.
Wrongful removal or retention
Canada, the United States and the United Kingdom all apply the Hague Child Abduction Convention with Australia. A parent whose child has been wrongfully taken to or kept in one of those countries can apply through Australia’s Central Authority for the child’s return. Act promptly.
Australia and the United Kingdom are also both parties to the 1996 Hague Child Protection Convention, which helps coordinate parenting orders and measures between them. Canada and the United States are not parties.
Children studying overseas
Many families have children studying in North America or the UK while a parent remains in Australia. Parenting orders made in Australia may need to address school holidays, travel, consent for medical treatment and which parent makes decisions while the child is abroad. Where a child is near or over 18, parenting orders become less relevant, but financial support for education often remains part of the settlement.
Child support
Canada (except Quebec), the United States and the United Kingdom are reciprocating jurisdictions for child support with Australia. Services Australia can generally assess or collect child support where one parent lives in one of those countries. Australia is not a party to the 2007 Hague Child Support Convention, so arrangements run through Australia’s own reciprocal arrangements.
Agreements
A prenuptial or postnuptial agreement that works in one country may carry little weight in another.
- Australia binds parties to a binding financial agreement only if strict requirements, including independent legal advice for each party, are met.
- England gives decisive weight to a prenuptial agreement freely entered into with a full understanding of its effect, unless holding the parties to it would be unfair.
- Canada and the United States apply provincial or state rules on formality, disclosure and fairness.
Families with assets in several countries should consider coordinated agreements, drafted together by lawyers in each relevant country, with consistent terms and choice-of-law provisions.
Resolving it by agreement
Multi-country disputes are expensive to litigate in parallel. Mediation, including online across time zones, can produce a single global settlement, which is then made into consent orders in Australia and matching orders or agreements in each other country.
Frequently asked questions
We have homes in Melbourne and Vancouver. Which country should we divorce in? It depends on where you each live, where the assets are and how each country would divide them. Get advice in both countries before filing.
Will an Australian divorce be recognised in the UK, Canada or the US? Generally yes, but property orders may still need to be enforced locally.
Our prenuptial agreement was signed in California. Does it apply in Australia? Not automatically. It is not an Australian binding financial agreement unless it meets Australian requirements, although it may still be relevant.
Our child studies in London and my spouse wants the child to stay there. What can I do? If the child is being wrongfully retained, a Hague Convention return application may be available. Get advice promptly.
Can I collect child support from a parent living in the US? Generally yes. The United States is a reciprocating jurisdiction for child support.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Chinese-background families with assets and children across several countries. We coordinate with lawyers in Canada, the United States and the United Kingdom so that the Australian part of a global settlement fits the whole.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner, family law arbitrator and Accredited Family Business Advisor, and conducts mediations online across time zones. We help with:
- deciding where to file and protecting your position early;
- property settlements involving assets in several countries;
- Hague Convention returns and travel orders;
- parenting arrangements for children studying overseas;
- coordinated agreements for families with assets in several countries.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Canadian, US and UK law points are a general overview; advice from a lawyer in each country is needed for steps there.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
简体中文 
English (Australia) 
繁體中文