Divorce and Remarrying
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 (Cth) states if a divorce order under this Act in relation to a marriage has taken effect, a party to the marriage may marry again.
When you file for divorce, the 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.
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 are wanting 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 assist you with the divorce application process.
WHERE TO NEXT?
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?