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International Divorce Forum - Australian Court of Appeal Orders Rehearing

gloria james

Ms. Gloria James

A submission made by Gloria James-Civetta & Co was accepted by an Australian Court of Appeals while determining the location of an ex-pat divorce hearing.

SINGAPORE, May 10, 2021 / -- A submission made by leading Singapore divorce lawyer Gloria James-Civetta was accepted by an Australian Court of Appeals while determining the location of an ex-pat divorce hearing.

Reputed international divorce lawyer, Ms. Gloria James-Civetta, submitted an expert report to the primary judge on applicable Singapore law in connection with an expat divorce case. Ms. James-Civetta’s submission that both parties had not requested restraining of the Singapore proceedings’ totality at any stage was accepted by the Appeals court.

The appeals court in Australia ordered a rehearing of whether the location of an expat couple’s divorce case hearing should be Melbourne or Singapore. The three-judge panel held that the ruling of the primary judge of the family justice court in Melbourne on conducting the hearing in Melbourne was erroneous.

The Australian couple got married in 2014 at which time they relocated to Singapore. After their separation in 2016, the wife and their three children continued to live in Singapore, while the husband relocated to Australia.

Ms James-Civetta, a leading expert on cross-border divorce, observed that the case " touches on where can one commence divorce proceedings as an expat couple" - the place of domicile versus the place of residence. Singapore looks at the doctrine of a more appropriate forum, whereas Australia takes the position that it is not an inappropriate forum.

"The face-off leaves either party seeking to commence divorce in the chosen country the right to commence divorce there. There seems to be no right or wrong answer and thus lawyers would lean to the court for guidance."

About Gloria James-Civetta & Co:
Ms. James-Civetta is the founder of Gloria James-Civetta & Co (“GJC Law”), a leading law firm in Singapore specializing in cross-border divorce, estate, civil and criminal law. With a team of experienced divorce lawyers, GJC law has received numerous awards and accreditations from respected organisations and the trust of clients across the border.

Gustavo Civetta
Gloria James-Civetta & Co
+65 6337 0469
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