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How Long After a Divorce Can You Remarry in Australia?

In Australia, you can remarry as soon as your divorce becomes final. Here are the key points to understand:

Divorce Process in Australia

1. Separation: Before filing for divorce, you must be separated from your spouse for at least 12 months. This separation can occur while still living under the same roof, provided you can prove it.

2. Filing for Divorce: After the 12-month separation period, you can apply for a divorce through the Family Court of Australia or the Federal Circuit Court of Australia. If you have children under 18, the court will only grant the divorce if proper arrangements have been made for their care.

3. Hearing and Granting of Divorce: If the application is uncontested, there is usually a brief hearing, after which the court will grant a divorce order. If the application is contested, the process may take longer.

4. Finalization: The divorce order becomes final one month and one day after it is granted.

Remarrying After Divorce

- No Waiting Period: Once the divorce order is final, there is no legal waiting period. You are free to remarry immediately.

- Marriage Certificate: You will need to provide evidence of your divorce when you apply for a new marriage certificate. This is usually the finalized divorce order.

Important Legal Concepts

- Divorce Order: A legal document that officially ends a marriage.

- Finalization: The divorce becomes final one month and one day after the order is granted.

- Separation: The period when you and your spouse live apart before you can file for divorce.

Suggestions

1. Confirm Finalization: Ensure you have received the finalized divorce order before planning your remarriage.

2. Legal Advice: Consider consulting a family lawyer to navigate any complexities, especially if your divorce was contested or involved significant assets or child custody issues.

3. Document Preparation: Gather all necessary documents, such as the finalized divorce order and identification, before applying for a new marriage certificate.

If you need further assistance or have more questions, feel free to ask!

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Date
28 September 2017
Place
CANBERRA
Judge
AINSLIE-WALLACE,RYAN,ALDRIDGE
Highlights
The text below is a summary of the divorce proceedings between a married couple, Mr Sarai and Ms Talwar. Ms Talwar appeals from an order made by Judge Tonkin, which found that Australia was an inappropriate forum to deal with the dissolution of their marriage and that the proceedings should be stayed pending the resolution of proceedings between the parties in India. To provide context to the appeal, it is necessary to set out some background information. The couple are Indian nationals by birth, but Mr Sarai has lived in Australia for a number of years and is an Australian citizen. Ms Talwar subsequently became aware, on 29 May 2014, that the husband had contacted the Department for the cancellation of her partner visa and that she was required to leave Australia. Although the wife was served with the application, she did not file a Response within the prescribed time limit (r 25.10, Federal Circuit Court Rules 2001 (Cth)). On 10 April 2017, Ms Talwar filed an application in the Family Court of India seeking a declaration that the divorce order made in the Federal Circuit Court of Australia was null and void and that the husband be permanently restrained from proceeding with his divorce application in Australia. She was advised that she was entitled to lodge a review of the decision of the registrar and that she could seek a stay of the divorce order. On 27 May 2017, Judge Tonkin made an injunction restraining the husband from continuing his proceedings in Australia. The primary judge noted that “the husband appears to have engaged in these proceedings via an Indian legal representative” (at [43]).
Judgment
(1) The appeal is allowed. (2) The orders made by Judge Tonkin on 28 September 2017 are set aside. (3) The matter is remitted to the Federal Circuit Court of Australia for rehearing before a judge other than Judge Tonkin. (4) The Court grants to the appellant a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant in respect of the costs incurred by her in relation to this appeal. (5) The Court grants to the respondent a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him relation to this appeal. (6) The Court grants to each party a costs certificate pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act 1981 (Cth) being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to each party in respect of such part as the Attorney-General considers appropriate of any costs incurred by each party in relation to the new trial granted by these orders.
Other FAQs You may Interested In
1. How to divorce in Australia if married overseas?2. Having married in Sydney but subsequently relocated abroad, I find myself in the process of divorce. I require clarity on the necessity of my physical presence for the legal proceedings and the procedures for managing this matter remotely.3. How should I handle issues related to deposits and rental agreements in Australia? How long does it usually take to resolve such issues? My renting experiences in Australia include renting alone and sharing a house with friends. During the settlement of my solo rental, part of my deposit was deducted. Meanwhile, in the shared housing situation, although I moved out early due to safety concerns and forfeited six weeks of deposit, we never signed a formal contract.4. In Sydney, Australia. When we want to divorce or separate, how do we settle our property?5. In Sydney, Australia, how is the pension divided when we divorce and split property?
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