Last reviewed: 28 October 2026
Quick answer
If either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months, you can usually divorce in Australia, including after marrying in Macau. Macau’s Court of Second Instance has confirmed an Australian divorce in the past, which shows an Australian divorce can be recognised there. Property in Macau, however, is generally dealt with only by Macau’s courts, so a settlement involving Macau real estate needs planning in both places. Macau and Australia apply the Hague Child Abduction Convention to each other, but there is no reciprocal child support arrangement.
Macau families in Australia are often linked to Hong Kong, Guangdong and Australia at the same time. Many couples live apart for work, with one spouse employed in Macau’s gaming, hospitality or public sectors while the family lives in Melbourne. Macau’s legal system is based on Portuguese civil law, which works very differently from Australia’s.
Divorcing in Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia, treating it as home and intending to stay indefinitely; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation. If you have been married less than two years, you need a counselling certificate or must explain why you did not attend counselling. Your Macau marriage certificate will usually need a certified English translation.
The divorce ends the marriage only. Property and children are dealt with separately. For a married couple, property applications must generally be made within 12 months of the divorce becoming final.
Serving a spouse in Macau
If your spouse lives in Macau, the divorce application must be served on them there at least 42 days before the hearing. Service across borders takes time, and documents may need translation into Chinese or Portuguese. Allow for this when planning.
Divorcing in Macau
Macau’s Civil Code provides two main routes.
- Divorce by mutual consent. Where there are no minor children, spouses who have been married at least one year can divorce at the Civil Registry, provided they agree on maintenance, the family home and related matters. Where there are minor children, mutual consent divorce proceeds through the court. Most divorces in Macau are by mutual consent.
- Contested divorce. A spouse can sue for divorce based on the other’s serious or repeated breach of marital duties, or on objective grounds such as two consecutive years of separation. Fault findings can affect financial consequences.
The rules about which couples can divorce in Macau’s courts are technical, and residence and connection matter. If you are considering divorcing in Macau, take advice from a Macau lawyer about whether the court will accept your case.
Will each place recognise the other’s divorce?
An Australian divorce in Macau. Foreign judgments are recognised in Macau through a review and confirmation application to the Court of Second Instance. The court checks matters such as authenticity, finality, proper service and public order. In 2009 the court confirmed a divorce granted by an Australian court in Sydney for a couple who had married in Macau, without requiring proof of reciprocity. This is useful for anyone who needs Macau records updated or wants to remarry there.
A Macau divorce in Australia. Australia generally recognises an overseas divorce if, for example, either spouse was domiciled in or a national of that place, or the respondent lived there when proceedings started.
Property in Australia and Macau
What an Australian court considers
An Australian court considers all property and debts of both parties, wherever located, including Macau flats, bank accounts, investments and business interests. Each party must fully disclose their finances, including overseas assets.
Since 10 June 2025, the Family Law Act sets out the property framework directly. The court considers contributions of each kind, future needs such as housing and care of children, and whether the result is just and equitable.
Macau real estate
Macau treats real estate in Macau as falling within the exclusive jurisdiction of its own courts. An Australian order directly dealing with title to a Macau flat is therefore unlikely to be recognised there. A Macau court has also held that an agreement made elsewhere dividing Macau property created obligations between the spouses but did not itself transfer title.
In practice, this means:
- the Australian court can take the value of the Macau property into account and adjust what each spouse receives from Australian assets;
- the Australian court can order a spouse personally to sign documents or sell, and failing compliance, enforcement must happen in Macau;
- a settlement should be drafted so it can be carried out under Macau’s procedures, often with a Macau lawyer handling the transfer.
How Macau divides property
Macau’s default property regime for marriages is participation in acquisitions. Broadly, each spouse keeps their own property during the marriage, and on divorce the gains each made during the marriage are compared and shared. Couples can choose a different regime by a prenuptial agreement. This differs from Australia’s discretionary approach, so outcomes may differ.
Children
In Australia, parenting arrangements are made in the child’s best interests. Since May 2024 there is no presumption of equal shared parental responsibility.
Moving between Macau and Australia
A parent needs the other parent’s agreement or a court order to relocate a child between Australia and Macau. Courts examine how the child will maintain relationships with both parents and extended family across the distance.
Wrongful removal or retention
The Hague Child Abduction Convention applies to Macau, and is in force between Macau and Australia. If a child is wrongfully taken to Macau or kept there, the left-behind parent can apply through Australia’s Central Authority for the child’s return.
Because Macau families often have strong ties to mainland China, which is not a Convention party, preventive orders matter. An Australian court can place a child on the Family Law Watchlist, require passports to be held and restrain overseas travel.
Child support
Macau is not a reciprocating jurisdiction for child support. Services Australia generally cannot make or collect a child support assessment against a parent living in Macau. A parent may need to rely on a court order and take steps in Macau to enforce it, which makes settlement terms such as lump-sum payments or security over Australian assets more important.
Prenuptial and financial agreements
Macau couples can choose a property regime by prenuptial agreement under Macau law. That agreement is not an Australian binding financial agreement, and Australian agreements must meet strict requirements to be binding here. Couples with assets in both places benefit from agreements drafted to work in both.
Resolving it by agreement
Online mediation suits families split between Macau and Australia. Justin conducts mediations in English and Mandarin, and the firm also advises in Cantonese. An agreement can be made into Australian consent orders, with matching steps in Macau for any property there.
Frequently asked questions
We married in Macau. Can we divorce in Australia? Yes, if one of you meets the Australian requirements.
Will Macau recognise my Australian divorce? It can, through a review and confirmation application to the Court of Second Instance. An Australian divorce has been confirmed this way before.
Can an Australian court transfer my spouse’s flat in Macau? Not directly. It can take the flat’s value into account and order your spouse to act, but Macau’s courts deal with Macau real estate.
My spouse works in Macau. Can I get child support? Not through Services Australia, because Macau is not a reciprocating jurisdiction. Other options, such as court orders and settlement terms, should be considered.
What if my child is taken to Macau? A Hague Convention return application can be made. Act promptly.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises families from Macau, Hong Kong and the Mainland in Cantonese, Mandarin and English. We act in Australian family law proceedings and work with Macau lawyers on recognition and property steps in Macau.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Macau marriage;
- property settlements involving Macau real estate;
- recognition of Australian divorces in Macau;
- Hague Convention returns, relocation and travel orders;
- agreements for couples with assets in both places.
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. Macau law points are a general overview; advice from a Macau lawyer is needed for steps in Macau.
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.
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