Question Asked: 15/04/2025
Wedding Date: 9/08/2018
Answered by: 12 Experts
Sort by:
As others have said, you cannot marry until your divorce is finalised.
To be eligible to be married under Australian law, you must:
You can legally only be married to one person at a time. Bigamy is a crime.
A Notice of Intended Marriage (NOIM) can be received by an authorised celebrant even though a party is, or both parties are, still married to another person at the date of receipt of the NOIM. In such cases, it is sufficient that the married party or parties note when filling in the NOIM that they are still married, that a divorce order is being sought and the date upon which the divorce is expected to be finalised. However, the marriage cannot be solemnised unless evidence of the divorce is given to the authorised celebrant prior to the solemnisation of the marriage.
For divorces granted in Australia the required evidence of divorce will depend on when the divorce was granted, which will be either a ‘decree absolute’, ‘certificate of divorce’ or ‘divorce order’.
Yes you must be officially divorced prior to your marriage..
you must show your official divorce certificate..
To legally marry you must be divorced. It is possible to complete the NOIM if your divorce is pending, so once you are legally divorced you may marry.
Yes - absolutely. In Australia you must be officialy divorced before you can legally marry again.
(15) · Wollongong, South Coast (as far as Nowra), Southern Highlands and Sydney
Posted: 16/04/2025
Yes you do. The celebrant needs to see the divorce papers and add information to the Notice if Intended Marriage.
Yes, you do. A celebrant cannot legally officiate a marriage if one of the parties is still married. Once your divorce is finalised, you are eligible to marry after a waiting period of one day and one month from the date the divorce is granted. When completing the NOIM, it is required to declare your conjugal status. You will have the option to select either "divorced" or "divorce pending." If your divorce has already been finalised, you need to provide a copy of the relevant documents. Alternatively, if the process is still ongoing, you may select "divorce pending. I hope this helps.
Yes you will need to be officially divorced prior to getting married again.
Legally, yes, as the official documents require your celebrant to list the court order for the divorce in your Notice of Intended Marriage.
You can become engaged or even have a promising ceremony without the divorce though.
In a word-YES!
You must be officially divorced before proceeding with another marriage.
Didn't find what you were looking for? Ask your own question and we'll have our experts answer it.
Ask a question
Yes, you absolutely need to be officially divorced before you can legally remarry. When completing the Notice of Intended Marriage form (NOIM), you'll need to provide evidence of your divorce or that the divorce order is pending.