Divorce is a significant life event that comes with many legal and emotional considerations. If you’re thinking about remarrying after a divorce in Australia, you may be wondering: How long do I have to wait? The answer depends on several legal factors, including the finalisation of your divorce and any additional personal circumstances.
In this guide, we’ll break down the legal timeframes for remarriage after divorce in Australia, explain the divorce process, and provide practical advice to help you navigate this important decision.
Understanding the Australian Divorce Process
Before discussing remarriage, it’s essential to understand how divorce works in Australia. The country operates under a “no-fault” divorce system, meaning the court does not consider why the marriage ended—only that it has broken down irretrievably.
Key Requirements for Divorce in Australia
- 12 Months Separation – You and your spouse must have been separated for at least 12 months before applying for divorce.
- Proof of Marriage – You must provide a marriage certificate (or an affidavit if it’s lost).
- Australian Residency – Either you or your spouse must be an Australian citizen, reside in Australia, or regard Australia as your permanent home.
- Irretrievable Breakdown – There must be no reasonable likelihood of reconciliation.
Once the divorce application is filed with the Federal Circuit and Family Court of Australia (FCFCOA), the court will review it. If approved, a Divorce Order is issued. However, the divorce is not finalised immediately.
The Waiting Period: When Can You Legally Remarry?
After the court grants a Divorce Order, there is a mandatory one-month and one-day waiting period before the divorce becomes final. This means:
- You cannot remarry until the divorce is officially finalised.
- The earliest you can remarry is one month and one day after the Divorce Order is granted.
Example Timeline
Let’s say your Divorce Order is granted on 1st June 2025:
- Waiting Period: 1 month + 1 day
- Earliest Possible Remarriage Date: 2nd July 2025
Attempting to remarry before this date is legally invalid and could result in your new marriage being declared void.
What Happens If You Remarry Too Soon?
Remarrying before your divorce is finalised is considered bigamy, which is illegal in Australia under the Marriage Act 1961. Consequences may include:
- Annulment of the new marriage (it may be declared void).
- Legal penalties, though rare, could apply if bigamy is proven.
To avoid complications, always check that your divorce is finalised before planning a new wedding.
Exceptions and Special Circumstances
While the standard waiting period applies in most cases, some situations may affect your ability to remarry:
1. Religious or Cultural Marriages
Some religions require additional divorce processes (e.g., a get in Jewish law or a talaq in Islamic law). However, Australian law only recognises civil divorce, so you must still wait for the court’s finalisation before legally remarrying.
2. Overseas Divorces
If your divorce was granted overseas, you must ensure it is recognised in Australia before remarrying. You may need to apply for a certificate of divorce recognition from an Australian court.
3. Same-Sex Divorces
Since the legalisation of same-sex marriage in Australia in 2017, same-sex couples follow the same divorce and remarriage rules as heterosexual couples.
Practical Considerations Before Remarrying
While the legal waiting period is straightforward, remarriage involves more than just timing. Here are some key factors to consider:
1. Emotional Readiness
Divorce can be emotionally taxing. Before remarrying, ask yourself:
- Have I fully processed the end of my previous marriage?
- Am I entering a new relationship for the right reasons?
- Have I discussed future expectations with my new partner?
2. Financial and Legal Implications
Remarrying can affect:
- Property settlements from your previous marriage (ensure these are finalised).
- Will and estate planning (update beneficiaries and assets).
- Child support and custody arrangements (if applicable).
3. Prenuptial Agreements (Binding Financial Agreements)
If you’re concerned about protecting assets in a new marriage, consider a Binding Financial Agreement (BFA) under Australian law. This outlines how assets will be divided if the relationship ends.
Frequently Asked Questions (FAQs)
Q1: Can I get engaged before my divorce is finalised?
Yes! Engagement is not legally binding, so you can plan a future marriage as long as you wait until after the divorce is finalised to legally wed.
Q2: What if my ex-spouse delays the divorce?
If your ex refuses to sign divorce papers, you can still apply for a sole application, but you’ll need to serve them properly. The court may proceed without their consent if all legal steps are followed.
Q3: How do I prove my divorce is finalised?
You’ll receive a Divorce Certificate from the court once the divorce is complete. This is the official document you may need for remarriage.
Q4: Can I shorten the waiting period?
In rare cases (e.g., urgent remarriage due to illness), you can apply to the court for an exemption, but these are rarely granted.
Final Thoughts: Moving Forward After Divorce
Remarrying after divorce is a personal decision that requires both legal compliance and emotional preparedness. In Australia, the law requires a one-month and one-day waiting period after the Divorce Order is granted before you can legally remarry.
Before taking this step, ensure:
✅ Your divorce is officially finalised.
✅ You’ve resolved any financial or custody matters from your previous marriage.
✅ You and your new partner are ready for the commitment.
If you’re unsure about legal requirements, consulting a family lawyer can provide clarity and help you avoid pitfalls.
Need Help with Your Divorce or Remarriage Plans?
If you’re navigating divorce or considering remarriage, seeking legal advice ensures you meet all requirements. A family lawyer can guide you through property settlements, parenting arrangements, and remarriage legality.
Have questions? Share them in the comments below—we’d love to hear from you!
By understanding the legal timeframes and preparing emotionally and financially, you can approach remarriage with confidence and clarity. Remember, a new chapter awaits—just make sure you follow the right steps to start it smoothly.
Would you like help finding legal resources or support services? Let us know!
