How Long After a Divorce Can You Remarry in Australia

In Australia, you can remarry one month and one day after your divorce is finalised. This waiting period is mandated by Section 59 of the Family Law Act 1975.

Ensuring the divorce order is final before planning a wedding is crucial, as remarrying without a finalised divorce is considered bigamy.

It can also help to lodge a Notice of Intended Marriage (a legal document that must be given to a marriage celebrant in Australia at least one month before the wedding, indicating the couple’s intention to marry) with an authorised celebrant at least one month before your wedding.

Delays in the divorce process should be factored in when planning your remarriage.

From June 2025, sole divorce applicants are no longer required to attend court, even if there are children of the marriage. This change simplifies the finalisation process and may reduce delays in obtaining a divorce order.

🔑 Key Takeaway: Ensure your divorce order is finalised and lodge your Notice of Intended Marriage in time.

Also read: Divorce Statistics in Australia | Growth & Trends

Emotional and Practical Considerations

Remarrying after a divorce is not just a legal matter but also involves emotional and practical considerations. It’s important to give yourself time to heal emotionally and mentally before entering into a new marriage.

Additionally, sorting out financial matters and considering the well-being and adjustment of any children involved are crucial steps before remarrying.

🔑 Key Takeaway: Consider your emotional readiness and practical arrangements before remarrying.

Overseas Divorces and Legal Recognition

If your divorce was granted overseas, it’s essential to understand its recognition in Australia. Overseas divorces are generally recognised if they meet specific legal requirements, such as jurisdiction and proper legal procedures.

Registration of overseas divorce in Australia is advisable to ensure legal clarity and avoid complications.

🔑 Key Takeaway: Ensure your overseas divorce is recognised in Australia to avoid legal issues.

Also read: Automatic Divorce After Long Separation Australia

How We Can Help You: How Long After a Divorce Can You Remarry in Australia?

Recently, our law firm assisted a client seeking guidance on how long it takes to remarry in Australia after a divorce. The male client approached us with questions about the legal timeframe for remarriage post-divorce.

Our firm assisted by explaining the requirements of the Family Law Act 1975. We informed him that he could remarry one month and one day after the divorce is finalised, highlighting the importance of ensuring the divorce order is final to avoid legal complications such as bigamy.

Our team also advised him to lodge a Notice of Intended Marriage with an authorised celebrant at least a month before the planned wedding. We emphasised the importance of considering potential delays in the divorce process when planning for remarriage.

We maintained a supportive approach throughout the process, ensuring the client felt informed and confident about his next steps in planning for a future remarriage.

Our firm’s expertise in family law and commitment to client care was instrumental in providing clear, concise, and legally sound advice tailored to his unique situation.

Also read: Contested Divorce: 6 Important Steps

Financial Planning Before Remarrying

While the legal waiting period to remarry in Australia is one month and one day after your divorce is finalised, the financial implications of a second marriage are something you should prepare for well in advance.

If you’re receiving spousal maintenance or Centrelink benefits, your entitlements may change once you remarry or even enter a new de facto relationship.

It’s important to review any financial arrangements from your previous relationship — including property settlements, child support, and ongoing financial agreements — and how they interact with your new marriage.

Superannuation and estate planning are also areas that often get overlooked. If you’ve named your former partner as a beneficiary on your superannuation or in your will, these documents may need updating.

In Australia, marriage can revoke a previous will, meaning that your assets might not be distributed according to your current wishes if you don’t make the necessary updates.

Before remarrying, it’s also worth discussing financial expectations and goals with your new partner. A Binding Financial Agreement (BFA) — sometimes referred to as a “prenup” — can help protect your assets and provide clarity in the event of a future separation.

Key Takeaway: Remarriage can affect your financial obligations and benefits — reviewing spousal support, wills, and superannuation, and considering a financial agreement, can help you enter your new marriage with confidence.

Co-Parenting and Children in a Second Marriage

Remarrying when you have children from a previous relationship brings a unique set of challenges and responsibilities. While you may be emotionally ready to move on, your children might not share the same pace or perspective — especially if they are still adjusting to the initial separation.

Involving your children in conversations and decisions related to the new marriage is important for maintaining trust and emotional stability. Depending on their age and maturity, they may need time to adjust to the idea of a new parent figure entering their lives.

If your new partner also has children, you’ll be navigating a blended family dynamic, which can take time and care to establish successfully. From setting boundaries to coordinating parenting responsibilities, these discussions are best handled early and openly.

On a legal note, your remarriage could affect parenting arrangements from your previous relationship — particularly if there is relocation involved. If you or your new spouse plan to move, it may require changes to existing parenting orders or agreements.

It’s also wise to review child support obligations. If your new relationship changes your income or household structure, this may be considered in future assessments.

Key Takeaway: Remarrying with children requires careful emotional and legal planning — prioritising stability, open communication, and review of parenting and financial arrangements will support a smoother transition.

Always Seek Legal Advice

Navigating the legalities of remarriage after a divorce, especially when dealing with overseas divorces, can be complex.

It’s highly recommended that you seek legal advice to understand your rights and obligations and to ensure that all legal procedures are correctly followed.