Steps in the lead up to marriage after divorce
In order to embark on a new marriage after divorce, proof of the cessation of the individual’s most recent marriage must be provided to the celebrant prior to the new marriage taking place. A variety of documents, produced over the years, will provide the necessary evidence. Which one is relevant in a particular case will depend on when the divorce was granted.
From 5 January 1975 to 1 July 2002
A “Decree Absolute” is required. A “Decree Nisi” is not sufficient. A “Decree Absolute” occurs 1 month and 1 day after the Court has heard the case in relation to a request for divorce by a couple.
From 1 July 2022 to 3 August 2005
A “Certificate of Divorce” is required. The certificate will include wording of “Decree Nisi/Absolute”.
From 3 August 2005 to 13 February 2010
A “Certificate of Divorce” is required. The certificate will refer to a “Divorce Order”.
From 13 February 2010 to 17 December 2011
A “Divorce Order” is required. This is issued electronically with no colour seals or signatures.
From 17 December 2011
A “Divorce Order” is required. This is issued electronically with a colour seal and signature. Note: A celebrant may accept a “Divorce Order” where the seal and signature are not in colour. Wording includes the Court’s jurisdictional finding that one or both parties domiciled in, or were a citizen of, or ordinarily a resident in Australia.
Online access to a Divorce Order issued after February 2010
As can be seen from the above, since February 2010, the Family Law Court has produced divorce orders in an electronic format including an electronic seal and signature. If a couple does not have the required proof that their divorce has been finalised, they can apply on line for FREE by following this link: https://eservices.comcourts.gov.au/
If a couple divorced prior to February 2010, they can apply through the Family Law Court in the same way but a fee to cover the search process, currently $30, will apply.
Divorce Pending
Where a divorce is pending, a couple may still lodge a Notice of Intended Marriage (NOIM) with an authorised celebrant. They should tick the box “Divorce Pending” at #7 and then, when the final “Divorce Order” is produced, the conjugal status can then be changed to “Divorced” and the change initialed by the relevant party and the celebrant.
After this, the relevant date the divorce became final should be included at #25, confirmation that evidence has been sighted at #26 and the Court location included at #28. It is not until the required evidence is provided that a new marriage can legally take place.
Declaration of No Legal Impediment to Marriage
In Australia, before a couple are able to marry, they must sign in the presence of their celebrant a document called the Declaration of No Legal Impediment to Marriage. This appears on the reverse of one of the three Certificates of Marriage that the celebrant will provide for them to sign during their wedding ceremony. One of the things that the declaration requires each couple to attest to is that neither of them is currently married to another person. It is the final step in the process before the couple is legally able to re-marry.
109 – 29/02/2024 – ©Lindy Cooke Celebrant