In Australia, it is illegal to marry someone if you are still married to another person. Consequently, you’ll need to finalise your divorce if you wish to wed again. But how long after divorce can you remarry in Australia?
Typically, you may remarry one month and one day after the Court grants your divorce. In other words, you’ll have to hold off on any nuptials until your divorce order has taken effect. However, there are a few more factors to consider before you walk down the aisle towards your new spouse.
Below, we explain how long you must wait before remarrying after divorce, how to know when your divorce is final, and what a Notice of Intended Marriage is.
How long after divorce can you remarry in Australia?
Under Section 59 of the Family Law Act 1975, you may remarry in Australia once your divorce has been finalised. This usually occurs one month and one day after your divorce hearing. If you remarry before your divorce is final, then you will be committing bigamy and your latest marriage will not be considered legal.
When will my divorce be finalised?
Once your application for divorce has been filed, you will be appointed a date for its hearing. The Court may grant your divorce at this hearing if it is satisfied with all provided information. However, the divorce order will not take effect until one month and one day has passed after your hearing.
Remember that this is the absolute minimum time frame in most cases. To be safe, do not set your wedding date too close to the date you expect your divorce order to become final.
Instead, make sure your marriage plans account for potential delays in the divorce process. For instance, you might be unable to locate your ex partner, the Court may demand further documentation or your divorce application could be denied altogether. In such circumstances, you will need to postpone your wedding until the issue is resolved and the divorce is granted.
Notice Of Intended Marriage
Before you remarry, you will also need to present an authorised marriage celebrant with a Notice of Intended Marriage. This document must be supplied at least one month before the date of marriage, and it must meet all other criteria under the Marriage Act 1961.
The good news is that you are allowed to lodge a Notice of Intended Marriage before your divorce order has been finalised. However, note that the celebrant is required to view a copy of this divorce order prior to your wedding.
Get professional legal advice and support with your divorce
Ready to remarry? It’s extremely important to make sure that your divorce has been finalised prior to your next marriage ceremony. You will also need to lodge a Notice of Intended Marriage with an authorised marriage celebrant beforehand. Therefore, we recommend adding a buffer between your divorce hearing and wedding day to avoid any stressful delays.
If you are planning to remarry and would like to receive tailored support with your divorce application, the trusted team at Affinitas Legal is here to guide you through the entire process. Our family lawyers in Perth can help you to navigate the legal complexities associated with divorce and remarriage so that you can focus on moving on.
