Marriage After Divorce in Melbourne

Can I Get Married If I’m Divorced?

Yes, you can get married if you’re divorced. However, there are important legal requirements and documentation needed to ensure your new marriage complies with Australian law. Here’s what you need to know.

Can I Get Married If I’m Divorced?

The short answer is: absolutely. If you’re divorced, you can remarry, provided you meet these conditions:

• Your divorce must be finalised and absolute before your marriage ceremony.
• You must provide proof of divorce, such as original or certified documentation.
• The divorce must be legally recognised in Australia.
• All documentation must be current and valid at the time of your marriage.

What If My Divorce Is Pending?

You can begin the process of planning your marriage while your divorce is pending, but there are some key considerations:

• Lodge Your Notice of Intended Marriage (NOIM): The NOIM can be submitted while waiting for your divorce to be finalised.
• Choose a Wedding Date: Your ceremony must be scheduled after the expected finalisation of your divorce.
• Start the Planning Process: This includes preparing other required documentation and working on your ceremony details.

However, keep in mind:

• Your marriage cannot proceed until your divorce is final.
• Australian divorces become final one month and one day after court approval.
• International divorces must adhere to the laws of their issuing jurisdiction.

Pro tip: Choose a wedding date at least two months after your expected divorce finalisation to allow for any unforeseen delays.

Required Documentation

For Australian Divorces

If you were divorced in Australia, you must provide one of the following:

• Original Divorce Order
• Final Divorce Certificate issued by the Court
• Certificate of Divorce from the Federal Circuit and Family Court of Australia
• A certified copy of these documents from the Court (must be recent).

For Overseas Divorces

If your divorce occurred overseas, you must provide:

• Original divorce documentation.
• A NAATI-certified English translation (if the document is not in English).
• Proof that the divorce is recognised in that country.
• Any additional documentation requested by Australian authorities.
• Ensure all documents are current and legally valid.

How to Get Your Divorce Papers

Australian Divorces

If you need a copy of your Australian divorce documents:

1. Contact the Federal Circuit and Family Court of Australia.
2. Request a copy of your Divorce Order or Certificate of Divorce.
3. Pay any applicable fees.
4. Allow time for standard processing.
5. Consider requesting priority processing if time is a concern.

Lost Documentation

If your divorce papers are lost:

• Apply for a replacement through the Federal Circuit and Family Court.
• Pay the required fees for document retrieval.
• Allow 2–3 weeks for standard processing or request express service for faster results.
• Once received, store the documents in a safe place for future use.

Overseas Divorces

For overseas divorces:

• Contact the relevant court or legal authority in the country where the divorce was granted.
• Request official copies of your divorce documentation.
• Have the documents translated into English by a NAATI-certified translator if necessary.
• Allow extra time for international processing and potential authentication requirements.

Special Circumstances

Recent Divorces

• You must wait one month and one day after your divorce is granted before marrying. This cooling-off period is mandatory under Australian law and cannot be waived.
• Use this waiting period to lodge your NOIM and gather the required documentation.

Pending Divorces

• You can lodge a NOIM while your divorce is pending.
• The wedding date must be scheduled after your divorce is final.
• Proof of divorce must be provided before the ceremony.
• Allow extra time in case of delays in the court process.

Religious Divorces

• A civil divorce is required for legal recognition in Australia.
• Religious divorces, while meaningful, are not sufficient for legal marriage.
• You may need to consult with your religious authority for additional guidance.

Common Questions

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

A: Yes, you are still required to provide your own official divorce documentation. The marital status of your ex-spouse does not affect this requirement.

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

A: Contact the Federal Circuit and Family Court for assistance. Replacement documents can be issued upon request, but we cannot proceed with your marriage until proper documentation is provided.

Q: How recent must my divorce papers be?

A: While there’s no strict expiry, documents must be originals or recently certified copies issued by the Court.

Checking Your Divorce Status

If you’re unsure of your divorce status, follow these steps:

1. Contact the Federal Circuit and Family Court.
2. Provide your case number, if available.
3. Request a confirmation of your divorce status.
4. Allow time for processing or schedule an appointment with Court staff for faster assistance.

Need Help?

We’re here to make the process as smooth as possible. Our team can assist with:

• Understanding documentation requirements.
• Verifying the sufficiency of your documents.
• Connecting you with the right authorities for missing paperwork.
• Recommending NAATI-certified translators for non-English documents.
• Providing guidance on Victorian requirements and timeframes.

Note: While we provide general advice, we cannot offer legal assistance. For specific questions regarding your divorce, please consult a legal professional or contact Victoria Legal Aid.

Important Reminders

• You can lodge your NOIM while your divorce is pending.
• Do not schedule your marriage ceremony until your divorce is final.
• Allow adequate time to gather required documentation.
• For international divorces, start translation and authentication early.
• Keep original documents safe and bring them to your marriage service.
• Victorian and interstate divorce processes are the same.
• International divorces may require additional verification.

Victorian Resources

For additional assistance, contact:

• Federal Circuit and Family Court of Australia (Melbourne Registry)
• Victoria Legal Aid
• Law Institute of Victoria
• Community Legal Centres
• NAATI-certified translators in Melbourne
• Births, Deaths and Marriages Victoria