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Widows/widowers, people who have just come from a divorce, and single parents may have passed through their local church thinking about remarriage. As they commit to a new partner for life, their union will come with new marital rights and obligations. However, any rights or obligations from their previous relationship or marriage may also resurface.
First marriages that end in divorce may bring legal and emotional challenges to both young couples and older adults. And while a first marriage has its own legal complexities, if you intend to remarry, there are certain requirements you must meet before you enter a subsequent marriage.
So, are you a reader curious about how second marriages or remarriage can affect one's rights and obligations? Then let's read on.
How Does Remarriage Work in Australia?
Generally, in Australia, when two parties decide to get married, the parties need to give the marriage celebrant:
- A Notice of Intended Marriage form (discussed below),
- Passports or birth certificates, and
- Statutory declarations stating the parties' current marital status.
The procedure above applies whether it is your first or second marriage. However, in a subsequent marriage, you will need further documentation. If either party has been married previously, they must, instead, provide the following to the marriage celebrant :
- A final divorce order (formerly called a "decree absolute"), or
- The death certificate of your former spouse
Specifically, Section 42 (10) of theMarriage Act provides that an authorised celebrant shall not solemnise the marriage unless the divorced person or a widow or widower produces evidence of the party's divorce, or the death of that party's spouse, as the case may be.
Further, an authorised celebrant may be either:
- A minister of religion,
- The Registrar of Marriages for the state or territory where the marriage is to take place, or
- A person authorised by the Commonwealth Attorney-General.
Remarriage After Divorce
Some people choose to remain legally married despite being separated. However, this can affect their legal obligations and impact a number of Family Law issues such as the distribution of a deceased's estate, Family Provision claims, and the right to remarry. Hence, for remarriage to be valid, one must first file for divorce.
However, while the thought of a new relationship and married life seems exciting, you cannot remarry straight away. It is illegal to remarry before your divorce becomes final. This constitutes bigamy and renders your second marriage void (not legal and binding).
Section 59 of theFamily Law Act1975states that if a divorce orderin relation to a marriage has taken effect, a party to the marriage may marry again.
So, How Do You Complete a Divorce?
When a person files for divorce, the divorce application will be given a listing date for a hearing to take place. It is at that hearing that the divorce is granted. However, one must not assume that the divorce will be granted at the first court hearing. For instance, you may be told at the first hearing that you need to provide more information.
In addition, if you plan to remarry, you must ensure that there is sufficient time to allow for the divorce to be finalised, especially if the other party is overseas, cannot be located, or plans to oppose the divorce application for whatever reason. All of these factors can cause significant delays in the approval of the divorce.
For a divorce to be approved, the Court needs to be satisfied that the following:
- You have provided a valid marriage certificate,
- Your marriage has irretrievably broken down,
- You have lived separately for 12 months and a day,
- Any children of the marriage have been adequately provided for in terms of care and financial support,
- You are eligible to apply for a divorce within the Australian jurisdiction.
- Communication has been made to the other party of the intention to divorce, and
- If the marriage has lasted for less than two years, you have participated in prescribed marriage counselling.
A divorce order takes effect one month and one day after the court grants the divorce. After such a period, it is safe for a person to remarry.
Notice of Intended Marriage or Remarriage
As mentioned earlier, your application may be deficient, or there may be further questions about a particular part of your application, which would require you to provide more information.
Nevertheless, you may complete and lodge a Notice of Intended Marriage form with an authorised celebrant even before the divorce order is finalised. If you intend to remarry, you must give your marriage celebrant theNotice of Intended Marriage format least one month before the wedding date.
You must note, however, that even though you may complete and lodge the Notice of Intended Marriage form before the divorce order is finalised, the marriage celebrant must still obtain a copy of the divorce order before the wedding ceremony can take place.
Remarriage After Death
Falling in love after loss often leads to new relationships or a second marriage. A new partnership may cause family issues between family members, but legally, remarriage after death does not really involve a complicated procedure. The widow or widower simply needs to provide evidence of the death of his or her spouse, such as a death certificate.
What Should I Prepare for if I Remarry?
Remarriage comes with a lot of responsibilities and possibly more than for people who marry for the first time. A second marriage is a right and a privilege for a lot of people, so it's best to know what you should look out for. Check out our tips below:
- Did your first marriage fail because of financial problems? Then it's best to discuss income, assets, debts, and financial goals with your potential new partner and check your financial compatibility with them. You can also consider a prenuptial agreement to protect your assets!
- Are your children ready to have a new parent? Divorce also puts a toll on the children, and they may not be ready for a new mother or father. So, you should discuss your decision to remarry with your children, and assure them that the family setup may change, but your love for them won't.
- Yes, blended families are going to be a reality now. However, your new marriage should be your priority, as it will dictate the course of your life. Eventually, you'll end up developing your own family traditions, rituals, and celebrations with your blended family.
- A lot of people may also bring unhealthy relationship patterns from their first marriage into their second marriage. This can include trust issues, unhealed trauma, lack of commitment, and many more. If left unaddressed, you may risk repeating this in your new marriage.
- Remarriage will affect existing financial orders, such as spousal maintenance. You may want to check if you still have financial obligations to your ex-spouse.
Seeking Legal Advice from Expert Family Lawyers
Regardless of your reason to remarry, you should ensure that you have a divorce order in hand to prevent legal disputes. You should also take any lessons and experience you had in your first marriage and how you can apply them to your new one.
JB Solicitors can help you deal with your situation. Our leading team of expert family lawyers can provide you with legal services and assist you with the divorce application process, as well as the process of remarriage and other legal matters.
Do you have more queries regarding remarriage? Contact us today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
