Going through a divorce can be an emotionally and legally complex experience, but for many people, it also represents the beginning of a new chapter. After the dust has settled and life begins to feel more stable, thoughts may naturally turn to the future—and for some, that includes the possibility of remarrying.
If you’re considering getting married again after a divorce in Australia, it’s important to understand the legal timeline, emotional implications, and administrative steps involved. At Hickman Family Lawyers, we’re here to guide you through every step of the journey.
How Long After Divorce Can You Remarry In Australia
In Australia, there is a legally required waiting period before you can remarry following separation for married couples. While separation can be the first step towards ending a marriage, it’s the finalisation of your divorce order that determines when you’re legally free to marry again. Once the divorce is granted, there is a mandatory one-month and one-day waiting period before the order becomes final. Only after that point can you lawfully remarry.
It’s also crucial to plan ahead, especially if you’re setting a wedding date, as certain formalities—like lodging a Notice of Intended Marriage—come with their own timeframes. Failing to align these correctly with your divorce finalisation date can lead to delays or complications with your intended nuptials.
The Waiting Period for Remarriage After Divorce
Under Australian family law, a divorce is not finalised on the day it’s granted by the court. Instead, a divorce order becomes final one month and one day after the court issues it. For example, if your divorce is granted on 1st May, it becomes final on 2nd June. You cannot remarry legally until the divorce is finalised.
This waiting period ensures that all parties involved have a chance to address any last-minute legal issues, such as appeals. It also acts as a safeguard to confirm that both parties understand the consequences of the divorce order and its finality.
Planning a wedding before this date can be risky. While you can certainly begin preparations, you must ensure your divorce is final before lodging a Notice of Intended Marriage, which requires your legal marital status to be confirmed. Attempting to marry before your divorce is finalised is considered illegal in Australia and could result in serious legal consequences.
At Hickman Family Lawyers, we strongly advise clients to check their divorce finalisation date carefully and consult with an experienced family lawyer to ensure all legal requirements are met before making any wedding arrangements.
Preparing to Remarry In Australia: What You Need To Consider
While it’s important to understand the legal side of remarriage, it’s equally vital to consider whether you’re personally and emotionally ready to take that step. At Hickman Family Lawyers, we often see individuals eager to move forward, but true readiness involves more than just legal freedom.
Emotional readiness is key. Ending a marriage can leave lingering emotional effects, even if the separation was amicable. Jumping into another marriage without fully processing the previous one can lead to challenges down the line. Consider whether you’ve had time to reflect, heal, and understand what you truly want from a future partnership.
Financial readiness is another critical consideration. Divorce often involves the division of property, debts, and other financial assets. Before remarrying, it’s wise to have a clear understanding of your financial situation, including any ongoing obligations such as spousal maintenance or child support. A financial agreement may be worth considering with your new partner to protect both parties.
Lastly, think about the best interests of your children, if you have them. How will remarriage affect their lives and their relationships with each parent? Are they emotionally prepared for a new step-parent or blended family dynamic? Open communication and professional guidance can help navigate these challenges effectively.
Giving Notice To Get Remarried In Australia
Once your divorce is finalised, and you’re ready to remarry, you’ll need to complete a Notice of Intended Marriage (NOIM) form. This legal document must be lodged with your chosen celebrant at least one month before your planned wedding date. This timeframe is non-negotiable under Australian law.
The NOIM must include key personal details and supporting documents, such as your birth certificate or passport and your divorce order. Your celebrant will need to verify that your previous marriage has legally ended before proceeding. If your divorce is still pending, your celebrant cannot accept the NOIM until the final order is issued.
In exceptional circumstances, such as terminal illness or military deployment, you may apply for a shortening of time through a prescribed authority. However, such requests are rarely granted and must meet strict criteria.
To avoid disappointment or delays, ensure your divorce is finalised before submitting your NOIM. If you have any doubts or need assistance understanding your documents, Hickman Family Lawyers can help ensure you’re fully prepared for the next step in your life.
The Separation to Remarriage Timeline
The journey from separation to remarriage in Australia can vary greatly depending on your individual circumstances, but there are several legal and practical stages involved.
First, Australian law requires that you and your spouse be separated for at least 12 months before you can file for divorce. Separation can include living under the same roof in certain situations, but you must be able to demonstrate that the relationship has ended.
Once you’ve applied for divorce, it typically takes several weeks to receive a court hearing date. If everything is in order and the application is uncontested, the court will grant the divorce at the hearing. However, as mentioned earlier, the divorce is only final one month and one day after the court grants it.
Only after this finalisation can you lawfully marry again. At this point, you must then lodge your Notice of Intended Marriage, which adds another minimum one-month and one-day waiting period before your wedding can take place.
In total, the timeline from separation to remarriage will take at least 14 months, and often longer depending on court processing times and individual readiness. Planning your remarriage around these timeframes is essential to avoid legal complications or unnecessary stress.
Whether you’re recently separated or already divorced and looking ahead to the future, understanding the remarriage process in Australia is key to ensuring a smooth transition. At Hickman Family Lawyers, we’re here to support you with clear legal advice, compassionate guidance, and reliable representation.
If you’re looking for trusted family lawyers in Perth, book your free 15-minute no obligation information call with Ella Hickman and her team today—we’re here to help you move forward with confidence.
