Marriage After Divorce

Can I Get Married If I’m Divorced?

Yes, you can get married if you’re divorced. However:

  • You must get divorced and the divorce must be final and absolute before your marriage ceremony
  • You must provide proof of divorce
  • The divorce must be legally recognised in Australia

What If My Divorce Is Pending?

You can:

  • Lodge your Notice of Intended Marriage (NOIM) while divorce is pending
  • Choose a wedding date after your expected divorce finalisation
  • Start the marriage planning process

However:

  • The marriage ceremony cannot proceed until divorce is final
  • Must wait until divorce is final and absolute
  • Australian divorces become final one month and one day after court approval
  • International divorces must be finalised according to their jurisdiction

Required Documentation

For Australian Divorces

You must provide:

  • Original Divorce Order or
  • Final divorce certificate issued by the Court
  • Certificate of Divorce from the Federal Circuit Court

For Overseas Divorces

You must provide:

  • Original divorce documentation
  • Official English translation (if not in English)
  • Proof of divorce recognition in that country
  • Documentation must be current and valid

How to Get Your Divorce Papers

Australian Divorces

  1. Contact the Federal Circuit Court where divorce was granted
  2. Request a copy of your divorce order
  3. Pay applicable fee
  4. Allow processing time

Lost Documentation

If you’ve lost your divorce papers:

  • Apply to the Federal Circuit Court for replacement
  • Pay required fees
  • Allow 2-3 weeks for processing
  • Rush processing available for additional fee

Overseas Divorces

  • Contact relevant court or authority in that country
  • Request official copies
  • Have documents translated by NAATI translator
  • May need additional verification

Special Circumstances

Recent Divorces

  • Must wait one month and one day after divorce is granted
  • This cooling-off period cannot be waived
  • Plan your marriage date accordingly
  • Can lodge NOIM during this waiting period

Pending Divorces

  • Can lodge NOIM while divorce is pending
  • Marriage ceremony date must be after divorce finalisation
  • Must provide divorce documentation before ceremony
  • We can help you plan appropriate timing

Religious Divorces

  • Must have civil divorce documentation
  • Religious divorce alone is not sufficient
  • Both civil and religious divorce may be required

Common Questions

Q: My ex-spouse has remarried. Do I still need proof of divorce?

A: Yes, you must still provide official divorce documentation.

Q: What if I can’t get my divorce papers?

A: Contact the Federal Circuit Court for assistance. We cannot proceed without proper documentation.

Q: How recent must the divorce papers be?

A: No expiry date, but must be original or certified copies.

Checking Your Divorce Status

If unsure about your divorce status:

  1. Contact Federal Circuit Court
  2. Provide your case number
  3. Request confirmation of status
  4. Allow time for processing

Need Help?

We can assist with:

  • Understanding documentation requirements
  • Verifying if your documents are sufficient
  • Finding the right contacts for documentation
  • General guidance about divorce requirements
  • Planning appropriate timing with pending divorces

Note: While we can provide general guidance, we cannot offer legal advice. For specific legal questions about your divorce, please consult a legal professional.

Important Reminders

  • Can lodge NOIM while divorce is pending
  • Don’t book your marriage until divorce is final
  • Allow time to obtain documentation
  • Have overseas documents translated early
  • Keep original documents safe
  • Bring original documentation to your marriage service