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Divorce Orders

The Court can issue divorce orders, which recognise that the marriage has ended. A divorce order doesn’t determine issues of financial support, property distribution or arrangements for children.

Once the divorce order takes effect, the Court will prepare a divorce certificate that is evidence of the divorce. Once it takes effect, the marriage is ended and you may remarry.

Re-marrying

You can marry again as soon as the Divorce Order has taken effect.

I have applied for a divorce, is it safe to set a wedding date for my new marriage?

You should not make firm plans to marry on a specific date until the divorce order is finalised. You may, however, complete and lodge a Notice of Intended Marriage with an authorised celebrant before the divorce order is finalised.

If you intend to remarry, you must lodge the Notice of Intended Marriage with an authorised marriage celebrant at least one month before the date the marriage is solemnised, and comply with other requirements of the Marriage Act 1961. The authorised celebrant must sight a copy of the divorce order before the wedding can take place.

In most cases, the divorce order takes effect one month and one day after the divorce is granted. You should not assume the divorce will be granted at the first court hearing. For example, you may be told at the hearing that you need to provide more information.

How do I obtain another copy of a sealed divorce certificate (decree nisi/absolute)?

Submit a written request to the court, but using the Request for Court Documents Form.

If you intend to register the divorce certificate with an overseas government agency, you may require the divorce certificate to be authenticated or apostilled.  You will have to arrange this with the Department of Foreign Affairs and Trade. Further information is available about this procedure at the smartraveller.gov.au website.


Last updated: 12-Oct-2017

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