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, even after marrying in Myanmar. Myanmar family law depends on religion, and many Buddhist divorces happen informally without a court, which can make them hard to prove in Australia. Myanmar is not a party to the Hague Child Abduction, Service or Apostille Conventions, there is no reciprocal child support arrangement, and Australian sanctions may affect transfers of money or property. Careful planning is needed at every step.
Myanmar and Sino-Burmese families in Australia often keep property, businesses and close family in Yangon, Mandalay and elsewhere. Since 2021, uncertainty in Myanmar’s institutions has made cross-border family matters harder to manage from Australia.
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, which can include separation under one roof. Couples married less than two years need a counselling certificate or an explanation. Myanmar marriage documents need certified English translations. Where a Buddhist marriage was not formally registered, other evidence of the marriage may be needed.
The divorce ends the marriage only; property and children are separate. Married couples must generally apply for property orders within 12 months after the divorce becomes final.
Serving a spouse in Myanmar
Myanmar is not a party to the Hague Service Convention. Documents are usually served personally through an agent, through diplomatic channels, or by court-approved alternative service. Documents must be served at least 42 days before the hearing, so allow plenty of time.
Family law in Myanmar
Myanmar family law depends largely on religion.
- Buddhists follow Myanmar customary law. A divorce can occur by mutual consent at any time, or on proof of fault. Consent divorces are often made without court involvement and sometimes without any written record.
- Christians divorce under the Divorce Act and need a court order.
- Muslims follow Islamic personal law.
- Buddhist women married to non-Buddhist men are covered by a 2015 special marriage law, with divorce, property and custody generally following customary law.
Under customary law, property acquired jointly during the marriage (lettetpwa) is generally shared between the spouses on divorce.
Will Australia recognise a Myanmar divorce?
Australia recognises an overseas divorce that is effective under the law of the place where it was obtained, if there was a sufficient connection, such as either spouse being a national of or domiciled in that country. The difficulty with an informal customary divorce is proof: without a court order or written record, it can be hard to show that the divorce happened and when. If you separated in Myanmar and are unsure of your status, take advice before remarrying or starting property proceedings in Australia.
Property in Australia and Myanmar
An Australian court considers all property and debts of both spouses, including land, houses, businesses, gold and bank accounts in Myanmar, and assets held through relatives. Each party must fully disclose their finances. Since 10 June 2025, the Family Law Act sets out the property framework directly, including the economic effect of family violence and children’s housing needs.
An Australian court cannot change title in Myanmar. It can order a party to transfer or sell, or adjust what each party receives from Australian assets. Myanmar treats foreign judgments as conclusive only subject to several exceptions, and has no declared reciprocating countries for enforcing money judgments directly. In practice, Australian outcomes should rely on Australian assets wherever possible.
Sanctions checks
Australia maintains autonomous sanctions in relation to Myanmar, including targeted financial sanctions on designated people and entities. A property settlement, transfer of funds or dealing with a Myanmar company may need to be checked against the Department of Foreign Affairs and Trade’s Consolidated List before it proceeds. Banks and settlement agents check this closely. We do not act on arrangements designed to avoid sanctions.
Documents for use in Myanmar
Myanmar is not part of the Apostille Convention. Australian documents for use in Myanmar generally need legalisation through the Department of Foreign Affairs and Trade and the Myanmar embassy. Our firm’s notary public can assist.
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.
The risk of a child being taken to Myanmar
Myanmar is not a party to the Hague Child Abduction Convention. If a child is taken there without consent, there is no Convention process for return, and enforcing an Australian order in Myanmar is very difficult.
Prevention is critical. An Australian court can order that a child be placed on the Family Law Watchlist, that passports be surrendered, and that a parent not take the child overseas. These orders can be sought urgently.
Child support
Myanmar is not a reciprocating jurisdiction for child support. Services Australia generally cannot assess or collect child support from a parent living in Myanmar. Lump-sum arrangements or security over Australian assets may be more practical.
Resolving it by agreement
Given the difficulty of enforcement in Myanmar, agreements are often the most effective outcome. Online mediation allows family members in both countries to take part. An agreement can be made into Australian consent orders.
Frequently asked questions
We married in Myanmar. Can we divorce in Australia?
Yes, if one of you meets the Australian requirements.
We divorced by mutual consent in Myanmar without going to court. Is that valid in Australia?
It may be, but proving it can be difficult. Get advice before remarrying or starting property proceedings.
Can an Australian court deal with land in Myanmar?
It includes its value and can order a party to act, but enforcing in Myanmar is difficult. Australian assets are usually used to balance the outcome.
Do sanctions affect my property settlement?
They may, if a designated person or entity is involved. Transfers should be checked first.
What if my child is taken to Myanmar?
Myanmar is not a Hague Convention country. Prevention is key, so seek orders before travel if you are concerned.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Myanmar and Sino-Burmese families on family law, property and immigration. Our principal, Justin Chua, has worked in a law firm in Myanmar and understands how families there hold land and run businesses.
Justin is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Myanmar marriage;
- questions about customary divorces and remarriage;
- property settlements involving assets in Myanmar, including sanctions checks;
- urgent orders to prevent a child being taken overseas;
- legalised documents for use in Myanmar.
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. Myanmar law points are a general overview; advice from a Myanmar lawyer may be needed for steps in Myanmar.
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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