Under Australian law, a person can only remarry once their previous marriage has been legally terminated by a final divorce order. The key timeline is precise: a divorce order becomes final one month and one day after it is issued by the Federal Circuit and Family Court of Australia (FCFCOA). Only after this date are you legally free to marry again.
While that rule sounds straightforward, the actual path — from separation to remarriage — involves several procedural stages, statutory waiting periods, and administrative conditions
This article explains those stages, outlines the governing legal framework, and clarifies how the timing works in practice to help you avoid costly or invalid remarriages.
Legal Framework and Statutory Basis
Australian remarriage eligibility is governed by the Family Law Act 1975 (Cth) and the Marriage Act 1961 (Cth). Together, these Acts establish two legal requirements:
- A marriage must be dissolved before another can commence.
- Section 59 of the Family Law Act 1975 prohibits remarriage while a divorce order is still pending.
- Entering a new marriage before that order becomes final constitutes bigamy, a criminal offence under section 94 of the Marriage Act 1961.
- A divorce order takes effect one month and one day after it is made.
- This statutory period allows time for appeal or administrative correction.
- Only after the order takes effect are both parties legally “single” for the purposes of a new marriage.
Thus, regardless of emotional readiness or ceremonial planning, the right to remarry arises only after the legal termination of the prior marriage has taken effect in full.
When Can You Legally Remarry?
You can legally remarry in Australia one month and one day after your divorce order is granted by the Federal Circuit and Family Court of Australia (FCFCOA).
This period is prescribed under the Family Law Act 1975 (Cth) and allows time for the divorce to become final — ensuring that neither party remains legally married when entering a new marriage.
It’s important to note that the divorce process involves two key stages:
- The divorce hearing, where the Court grants the divorce order; and
- The effective date, which occurs one month and one day later, marking the official end of the marriage.
Only after this effective date are you legally free to remarry. Marrying before this time is not permitted and may render the new marriage legally invalid under the Marriage Act 1961 (Cth).
In practical terms, the full journey — from separation to remarriage — usually spans around 14 to 18 months, accounting for:
- The mandatory 12-month separation period before filing for divorce;
- The court’s processing and hearing timeframe (typically several weeks); and
- The one-month-and-one-day waiting period following the divorce order.
If your situation involves overseas parties, complex documentation, or uncertainty around timelines, find a family lawyer early to confirm your eligibility and avoid legal missteps.
Key Timing and Procedural Considerations
Although the waiting period is fixed by law, several procedural and factual factors can delay eligibility:
- Incomplete service or documentation – if the other party is not properly served, the hearing date can be adjourned.
- Disputed matters – property, parenting or jurisdictional issues may delay the hearing.
- Errors in the divorce order – any correction or appeal resets the one-month-and-one-day clock.
- “Under one roof” separation – couples who live separately within the same home must provide extra affidavit evidence, which can slow approval.
- Scheduling of marriage ceremonies – celebrants require a valid Divorce Order to sight before solemnising a new marriage.
The safest approach is to wait until the Divorce Order’s effective date appears on the sealed court document before making wedding arrangements.
Practical Steps to Remarry Lawfully
To avoid administrative or legal complications:
- Obtain your Divorce Order – download the sealed copy from the Commonwealth Courts Portal once available.
- Verify the “Date of Effect” – printed on the order; it marks when you are legally free to remarry.
- Lodge a Notice of Intended Marriage (NOIM) – must be filed with an authorised celebrant at least one month before the ceremony.
- Provide proof of divorce – your celebrant must sight the final Divorce Order before performing the marriage.
- Plan timelines carefully – ensure your ceremony date falls after both the NOIM minimum and the Divorce Order effective date.
Legal practitioners often advise allowing a short buffer (a few days beyond the “one month and one day”) to account for weekends, public holidays, or portal delays.
Common Legal Pitfalls and Consequences
Attempting to remarry before the divorce order takes effect can have serious legal consequences:
- Invalid marriage: the new marriage is void under section 23B of the Marriage Act 1961.
- Criminal liability: knowingly marrying while still legally married is an offence punishable by up to five years’ imprisonment.
- Administrative reversal: celebrants may be investigated or penalised if they conduct ceremonies without verifying divorce finalisation.
Therefore, always confirm your divorce status before proceeding — even a single day’s miscalculation can render the new marriage legally void.
Frequently Asked Questions
Even with clear legal timelines, many people still have practical questions about remarriage after divorce — such as how early a wedding can be planned, whether paperwork delays affect eligibility, or what happens if a marriage occurs too soon.
The section below answers these frequently asked legal questions with straightforward, evidence-based explanations drawn from the Family Law Act 1975 (Cth) and the Marriage Act 1961 (Cth).
Is there a mandatory waiting period to remarry in Australia?
Yes — one month and one day after the divorce order is made. This period allows for appeals and ensures the order’s finality. No further waiting period exists beyond that.
Do I need to wait for the physical divorce certificate?
No. Legal freedom to remarry begins when the divorce order takes effect, not upon receiving a printed certificate. However, the celebrant must sight the sealed copy as proof.
Can I submit my Notice of Intended Marriage before the divorce is final?
Yes. The NOIM can be lodged up to 18 months before the wedding, but the celebrant cannot perform the marriage until the Divorce Order is effective.
What documents are required to remarry after divorce?
A certified or electronic copy of your Divorce Order showing the effective date, along with standard identity documents (passport, birth certificate, driver licence).
What happens if I remarry too soon?
The new marriage may be declared void, and criminal penalties can apply under section 94 of the Marriage Act 1961. Always confirm your divorce’s effective date before the ceremony.
Conclusion
Australian law draws a clear distinction between emotional closure and legal finality. The ability to remarry arises only when the previous marriage is legally dissolved — not when the relationship ends, and not when the order is issued.
Understanding this distinction safeguards your next marriage from procedural invalidity and reinforces respect for the judicial process that formalises marital status.
For tailored guidance on divorce finalisation or remarriage eligibility, connect with a verified family lawyer on LegalFinda — where experience meets accuracy in Australian family law.
