Today in The Australian – expat divorce case to be heard in Australia

The family live and work in Singapore.  They have never lived together in Australia.  The husband is British and the wife is Australian.  They have property in the UK and Asia.  Their children were born in and go to school in Singapore and have never lived in Australia either.  The Husband has commenced proceedings in Singapore.  However the Family Court has agreed to hear the expat divorce case in Australia.  It is the case of Merritt & Hill [2016] FamCA 338.

Where should the case be decided?  Once a jurisdictional box is ticked (in this case the Wife’s citizenship) the test is whether Australia is “a clearly inappropriate forum”.

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