Finding love again after a divorce is a journey filled with hope and new beginnings. However, before you walk down the aisle once more, it’s essential to be aware of the legalities surrounding remarriage in Australia.
Australian law is clear: to remarry, your divorce must be finalized. The Family Law Act 1975 stipulates a waiting period of one month and one day after your divorce is granted before you can remarry. Remarrying before your divorce is finalized is considered bigamy under Australian law, rendering your new marriage illegal and void.
Overseas Marriages & Divorces
For individuals who were married overseas but now reside in Australia, the same rules apply – the divorce must be finalized before remarrying.
As long as one party is an Australian citizen, domiciled in Australia, or has been a resident in Australia for 12 months, they can apply for a divorce in Australia. This inclusivity ensures that those who have moved to Australia after getting married in another country can still have their divorce recognized according to Australian laws.
For those who were divorced abroad, Australia recognizes foreign divorces as long as they comply with the legal standards set forth by Australian law. If you or your partner were divorced overseas, you’re eligible to remarry in Australia, given that you meet certain residency or citizenship criteria, ensuring that your new marriage is legally recognized.
Preparing to Remarry
Before you can remarry, you must lodge a Notice of Intended Marriage with an authorized marriage celebrant at least one month, or up to 18 months, before your wedding. This step is permissible even before your divorce is finalized, but your celebrant must see the official divorce order before the marriage ceremony.
You’ve Already Picked a Date?
Family lawyers will generally recommend you deal with your divorce first, before choosing a wedding date with your new partner. But it does sometimes happen that a date is chosen first, leaving the couple scrambling to get a divorce finalized in time.
Although a divorce is a relatively simple legal process, you can’t always predict how long it will take due to many factors including the cooperation of your former partner in the divorce process, and how long the Court will take to conduct your divorce hearing.
If you find yourself stuck with an immovable wedding date and won’t be divorced in time, you should speak to your wedding celebrant about how you can deal with that.
Beyond Divorce: Children, Property, and Maintenance
It’s important to note that finalizing your divorce and receiving permission to remarry does not automatically resolve other related matters such as child custody, property division, or maintenance. These issues require separate legal proceedings. Remember, the end of a marriage does not mean the end of responsibilities towards your children or financial obligations.
Conclusion
Remarrying is a step towards a new chapter in your life. While love and commitment are at the forefront, understanding and adhering to the legal prerequisites are crucial.
Contact our friendly team for advice and assistance on how to get divorced.
