Do I have to be officially divorced to get remarried?

Question Asked: 15/04/2025

Wedding Date: 9/08/2018

Most Helpful Response

Trevor Rice Celebrant

(25) · Melbourne and surrounding areas

Posted: 18/04/2025

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.

Answered by: 9 Experts

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Kim Hemsley Celebrant

(4) · Blue Mountains, Southern Highlands & Surrounds

Posted: 18/04/2025

Yes - absolutely.  In Australia you must be officialy divorced before you can legally marry again.

Kim O'Sullivan Celebrant

(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.

Marie Pentland Civil Celebrant

(6) · Mornington Peninsula

Posted: 16/04/2025

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.

Simon J. Robinson Celebrant

(11) · Melbourne and surrounding areas

Posted: 16/04/2025

Yes you will need to be officially divorced prior to getting married again.

Officiating Life Journeys

(0) · Northern & Central Victoria

Posted: 16/04/2025

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.

Susan Rose Civil Marriage Celebrant

(3) · Sydney & Surrounds

Posted: 16/04/2025

In a word-YES!

You must be officially divorced before proceeding with another marriage.

Mark Your Ceremony

(21) · Perth and Surroundings

Posted: 16/04/2025

Yep, you do. You need to be legally divorced before you can get married again in Australia. The divorce has to be finalised and registered through the court — not just separated or in the process. Once that’s done, you’re all good to go! Hope that helps! Mark 

Tears of Joy Weddings And Celebrations

(24) · Shellharbour, Wollongong & Southern Highlands and anywhere in Australia

Posted: 16/04/2025

Your divorce needs to be sitting with the courts and can be pending when you complete your official notice of intended marriage. 

Your divorce must be finalised officially before you can be legally wed.

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