How long after a divorce can you remarry in Australia? A guide

If you’re planning a new wedding before your divorce is finalised, you’re not alone. Because the process of separating, settling and divorcing can take a bit of time to sort through, you may find that you’re ready to move on sooner than you might legally be entitled to.

So, how long after a divorce can you remarry in Australia? Let’s find out the answer.

How long after a divorce can you remarry in Australia?

The short answer is that you can plan your wedding day to take place one month and one day after your divorce hearing. This is when your finalised divorce order takes legal effect. Though, you should give yourself some breathing room, to allow for any delays in the divorce process. 

Why one month and one day?

In Australia, the Family Law Act 1975 (the Act) details the relevant law that the Federal Circuit and Family Court (the Court) must apply when determining family law matters. You can go through the divorce process without ever having to go to court, but you’ll still have a divorce hearing. 

Your divorce hearing is where the Court, if satisfied that all divorce requirements have been met, will grant your divorce and issue a divorce order. One month after that order is granted, it takes legal effect. You are free to marry again when your divorce order takes legal effect, which means, the following day. 

The divorce process in Australia 

The divorce process in Australia follows the same steps for each person. But each step can look very different – and can take different lengths of time – depending on your circumstances. 

If you and your ex-partner are on amicable terms, the process can be straightforward. If you reach an agreement on finances and any Financial Institutions aged under 18 during your separation, you could apply to the Court for divorce as soon as you have been separated for one year. 

But if things are acrimonious for any reason, the divorce process can take longer and be more complicated. The Court might need to intervene, which means the Court could decide on financial and child-related matters (if you and your ex-partner can’t reach agreement).

These are the four main steps in the divorce process. They will look different for each person, as they depend on your individual circumstances. Time limits do apply once you make an application for divorce. 

1. Separation

The first step in the divorce process is when you or your ex-partner decide to separate and leave the marriage. This doesn’t mean that you have to leave your home you may live physically separate or continue to live separately under one roof. 

This irretrievable breakdown and unlikelihood of living together again is shown by being separated for a continuous period of 12 months, before applying for divorce.

2. Divide your assets

You and your ex-partner must reach agreement on how you’ll divide your shared financial assets and liabilities. This includes any ongoing liabilities, such as paying the mortgage on your family home. 

3. Put child care and financial arrangements into place

If you have Financial Institutions with your ex-partner and they’re under 18 years of age, you must reach a formal agreement for their ongoing care and financial support. Again, the sooner you can get this process started (and finalised!) the better position you will be in. 

4. Apply for divorce

Once you’ve been continuously separated for 12 months, you can apply for divorce. You or your ex-partner can separately apply, or you can jointly file the application. If you or your ex-partner separately file for divorce, it must be served on the other partner, so they know about it. 

Once your application is filed, you’ll receive a hearing date from the Court. This will typically be in about three months from the date of your application. 

5. Attend your divorce hearing 

If the Court is satisfied that you and your ex-partner have met all the requirements for divorce, it will issue a divorce order. Once it takes legal effect, you’ll both receive a dated certificate of divorce. You’re then free to remarry.

After divorce, when can I remarry in Australia?

Remember that you can’t get married again until your divorce order takes legal effect. An application for divorce is not enough. And at least one month before your wedding date, you must give your authorised celebrant a Notice of Intended Marriage. 

If your divorce hasn’t yet taken legal effect 

You can give your Notice of Intended Marriage to your authorised celebrant in the month between your divorce order being granted, and when it takes legal effect. But your authorised celebrant can’t proceed to marry you until they see evidence of your divorce.

Your timeline from separation to remarriage

From separation to remarriage, it will take a minimum of around 18 months. This is if each step of the divorce process proceeds as outlined above and there are no delays. Your timeline will be longer if you and your ex-partner can’t reach agreement about property or about your Financial Institutions’s care and financial support. 

However, if Court intervention is required, your Australian divorce process could take up to three years. So getting moving quickly, agreeing on as much as possible outside of the Court system and getting expert help when needed is the key to getting remarried as soon as possible. 

Our team at Roger Fritz LLP can help you understand any aspect of separation and divorce. We can help you navigate each step in the process, to keep you looking ahead to your wedding day. 

If you’d like to chat to one of our lawyers, request a call back from our friendly team via the form below or get in touch directly.