Ready to tie the knot again? But are you aware of the legalities and intricacies you must follow if you wish to remarry in Australia?
In Australia, it is illegal to remarry while you are married to someone else. However, you can remarry after separating and finalizing your divorce. The entire process might take some time and assistance from the best divorce lawyers in Perth.
In this piece, we will break down the period you need to wait before being legally entitled to remarriage. Join us to learn the nitty gritty of law and the waiting period before you can say “I do” again.
To keep the answer short, we can say that you can schedule your wedding date for one month and one day after your final divorce hearing. This waiting period is mentioned in section 58 of the Family Law Act 1975. This is when the ultimate divorce order takes legal effect. Ensuring the final order of your divorce is important before remarrying, as otherwise, it will be considered bigamy and can be a punishable offence.
You can also lodge a Notice of Intended Marriage with an authorised celebrant a month before your wedding. It is important to consider the delays in the divorce process before planning your remarriage.
The Notice of Intended Marriage document is generally presented through a registered celebrant. This document must meet the criteria mentioned under the Marriage Act 1961 and be presented before the court at least one month before the marriage date. You can lodge this document before your divorce order has been finalised under the guidance of a celebrant.
The Federal Circuit and Family Court must abide by the Family Law Act 1975 when determining family law matters. You can complete the divorce procedure without stepping into the court, but you will still have a divorce hearing.
When the court is satisfied and sees that all the requirements are met, the judiciary body will grant you your divorce and issue an order. It takes one month and one day for the order to come into effect, after which you are free to marry again.
As we know, before considering remarriage, you must get your divorce order. Although the divorce process in the country follows the same steps for each citizen, the process can look different when it comes into effect. If both partners are on amicable terms, the process will be straightforward. However, the process might be longer and cumbersome if things are acrimonious for any reason.
Here are the steps that are generally followed during divorce in Australia
Generally, it takes around 18 months to follow all the steps mentioned above while getting a divorce. This is if the process goes smoothly and there are no delays. The timeline will increase if your ex-partner does not accept the agreement regarding financial support, splitting of property, or child care.
If Court intervention is required, the divorce process can take up to 3 years. Therefore, settling matters outside court and agreeing on the conditions as much as possible with the assistance of a divorce lawyer can help you get remarried as soon as possible.
As we have already learned, the general aspect of when you can remarry in Australia is relatively straightforward. The divorce separation lawyers Perth can assist you in other processes. With a clear understanding of your divorce process, you can take steps to finalise the proceedings as quickly as possible. They can assist you in drafting the notice of intended marriage and offer guidance on special circumstances that might arise with overseas divorce. By protecting your interests and offering you emotional support, divorce lawyers can help you navigate through such times.
In conclusion, this blog discusses all the crucial aspects as well as timelines associated with remarrying in Australia. We would like to say that one may face numerous hurdles while remarrying in Australia if one plans to marry before the ultimate divorce order takes legal effect. Therefore, seeking assistance from divorce lawyers is paramount. So contact a lawyer today and receive the guidance you deserve.
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