Speak Directly To a Lawyer Now

1300 038 223
Open 7am - Midnight, 7 days
Or have our lawyers call you:
  • This field is for validation purposes and should be left unchanged.

Remarrying After a Divorce

It is illegal in Australia to marry someone whilst you are still married to someone else. Therefore, in order to remarry, you first must obtain a divorce Order. Section 59 of the Family Law Act 1975 states if a divorce order under this Act in relation to a marriage has taken effect, a party to the marriage may marry again.

Divorce process

When you file for divorce, the divorce application will be given a listing date for a hearing to take place. It is at that hearing when the divorce is granted. However, you should not assume the divorce will be granted at the first court hearing. For example, you may be told at the hearing that you need to provide more information. The divorce order then takes effect one month and one day after the divorce is granted.

Notice of Intended Marriage

You should not make firm plans to marry on a specific date until the divorce order is finalised. You may, however, complete and lodge a Notice of Intended Marriage with an authorised celebrant before the divorce order is finalised. The Notice of Intended Marriage must be lodged with an authorised marriage celebrant at least one month before the date the marriage is solemnised, and comply with other requirements of the Marriage Act 1961. The authorised celebrant must also sight a copy of the divorce order before the wedding can take place.

If you want to remarry but have not yet obtained your divorce order, please contact our office to arrange an appointment with one of our family lawyers who can provide you advice and help you with the divorce application process.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Legal Hotline
Open 7am - Midnight, 7 Days
Call 1300 038 223