You can remarry in Australia one month and one day after your divorce order has taken effect. This specific waiting period is mandated by Australian family law to ensure that the divorce is finalised and all legal obligations are met.
It’s not just a countdown; it’s a legally defined timeframe that starts when the court grants your divorce order.
During this period, it’s crucial to get your ducks in a row, from lodging a Notice of Intended Marriage to updating your legal documents.
Now that we’ve got the core question sorted, the following sections will delve into the finer details that surround this waiting period, as well as the legal requirements and considerations you’ll need to be aware of.
🔑 Key Takeaway: The waiting period to remarry in Australia is one month and one day after your divorce order is finalised, and it’s a crucial time to prepare for your next chapter.
Legal Requirements
First, you can’t just jump into another marriage while still being married to someone else; that’s a big no-no in Australia.
According to Section 59 of the Family Law Act 1975, you’re good to go one month and one day after your divorce order has taken effect.
🔑 Key Takeaway: Make sure your divorce is finalised before planning your next wedding to avoid legal complications.
Divorce Finalisation
Your divorce isn’t instant; it’s a process. Once your application for divorce is filed, a hearing date will be set.
If all goes well, the divorce order will be granted but will only take effect one month and one day later. So, patience is key here.
🔑 Key Takeaway: Don’t rush into setting a wedding date. Account for potential delays in the divorce process.
Notice of Intended Marriage
Before you can walk down the aisle again, there’s some paperwork to sort out.
It would be best to lodge a Notice of Intended Marriage with an authorised marriage celebrant.
This isn’t just a formality; it’s a legal requirement under Australian law.
The notice serves as your official declaration of your intention to marry and must be filed at least one month before your wedding date.
This gives the celebrant—and the law—enough time to ensure that you’re eligible to remarry.
🔑 Key Takeaway: Lodging a Notice of Intended Marriage is a mandatory step. Do this at least a month before your big day to keep everything on board.
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Other Considerations
Estate Planning: Once your divorce is in the rearview mirror, it’s time to look ahead. Updating your Will and Enduring Power of Attorney is crucial. These documents dictate how your assets will be distributed and who will decide on your behalf should you become incapacitated. Don’t let outdated documents complicate your future.
Name Change: If you want to revert to your maiden name—or any previous name—you’ll need your divorce certificate as proof. This is essential for updating key identification documents like your driver’s license and passport. It’s more than a personal choice; it’s a legal change that requires the right documentation.
Property Settlement: If you’re still entangled in property matters with your ex-spouse, be aware that you have a 12-month window after your divorce to finalise things. If you miss this deadline, you’ll need special permission from the court to proceed, and that’s only sometimes guaranteed.
🔑 Key Takeaway: Don’t underestimate the importance of updating your legal documents and settling any lingering financial matters. These steps are as crucial as the divorce itself.
Also read: How Long After Divorce Can You Claim Spousal Support in Australia?
Seek Legal Advice
Remarrying after a divorce in Australia involves more than just falling in love again.
It’s a process that requires careful planning and adherence to legal protocols.
So, before you start picking out wedding rings, make sure you’ve ticked all the legal boxes.
Additionally, given the complexities and potential pitfalls, it’s wise to seek legal advice to ensure you’re on the right track.
