When Can I Remarry After Divorce?

When Can I Remarry After Divorce - Resolve Conflict Family LawyersYou can remarry after divorce as long as your divorce order has taken effect. This is usually one month and one day after your divorce is granted by the Court. You will need to supply your marriage celebrant with a Notice of Intended Marriage at least one month before the wedding date, so it is advised not to leave too short a gap between the anticipated granting of your divorce and your proposed wedding date, just in case there are any delays in your divorce being granted. Note, it is illegal to remarry until your divorce becomes final.

How Long Will It Take To Get Divorced?

If the divorce process is handled efficiently and you meet the eligibility requirements the divorce application can be quickly prepared and filed. However, obtaining a final Divorce Order generally takes three to four months from the date of filing the application. Note, this process can take longer if there are problems locating or serving the other party.

Related Article: Are You Running Out Of Time? Understanding Time Limits In Family Court Matters

Apply For Divorce?

Once you have been separated for 12 months and 1 day, and there is no reasonable likelihood that you will get back together with your spouse, you are eligible to apply for divorce.

You can apply for divorce together (joint application) or on your own (sole application). If you are making a joint application you do not need to go to court. If you are making a sole application and your children are under 18 and were part of the family prior to separation, you must go to court unless circumstances stop you from attending.

For your divorce to be approved, you will need to satisfy the Court of the following:

  • you have provided a valid marriage certificate
  • your marriage has irretrievably broken down
  • you have lived separately for 12 months and 1 day
  • any children of the marriage have been adequately provided for in terms of care and financial support
  • you are eligible to apply within the jurisdiction
  • communication has been made to the other party of the intention to divorce
  • if the marriage has lasted for less than two years, you have participated in prescribed marriage counselling.

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact Resolve Conflict Family Lawyers in Melbourne on 03 9620 0088 or email info@resolveconflict.com.au


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