Can I Get Married If I’m Divorced?

Yes, you can get married if you’re divorced in Byron Bay. However:

You must get divorced and the divorce must be final and absolute before your marriage ceremony
You must provide proof of divorce
The divorce must be legally recognised in Australia

What If My Divorce Is Pending?

You can:

Lodge your Notice of Intended Marriage (NOIM) with the Byron Bay Marriage Office while divorce is pending
Choose a wedding date after your expected divorce finalisation
Start the marriage planning process in the Byron Bay region

However:

The marriage ceremony cannot proceed until divorce is final
Must wait until divorce is final and absolute
Australian divorces become final one month and one day after court approval
International divorces must be finalised according to their jurisdiction

Required Documentation

For Australian Divorces

You must provide to the Byron Bay Marriage Office:

Original Divorce Order or
Final divorce certificate issued by the Court
Certificate of Divorce from the Federal Circuit Court

For Overseas Divorces

You must provide:

Original divorce documentation
Official English translation (if not in English)
Proof of divorce recognition in that country
Documentation must be current and valid

How to Get Your Divorce Papers

Australian Divorces

Contact the Federal Circuit Court where divorce was granted
Request a copy of your divorce order
Pay applicable fee
Allow processing time

Lost Documentation

If you’ve lost your divorce papers:

Apply to the Federal Circuit Court for replacement
Pay required fees
Allow 2-3 weeks for processing
Rush processing available for additional fee

Overseas Divorces

Contact relevant court or authority in that country
Request official copies
Have documents translated by NAATI translator
May need additional verification

Special Circumstances

Recent Divorces

Must wait one month and one day after divorce is granted
This cooling-off period cannot be waived
Plan your Byron Bay marriage date accordingly
Can lodge NOIM with the Byron Bay Marriage Office during this waiting period

Pending Divorces

Can lodge NOIM while divorce is pending
Marriage ceremony date in Byron Bay must be after divorce finalisation
Must provide divorce documentation before ceremony
The Byron Bay Marriage Office can help you plan appropriate timing

Religious Divorces

Must have civil divorce documentation
Religious divorce alone is not sufficient
Both civil and religious divorce may be required

Common Questions

Q: My ex-spouse has remarried. Do I still need proof of divorce?

A: Yes, you must still provide official divorce documentation to the Byron Bay Marriage Office.

Q: What if I can’t get my divorce papers?

A: Contact the Federal Circuit Court for assistance. We cannot proceed with your Byron Bay marriage without proper documentation.

Q: How recent must the divorce papers be?

A: No expiry date, but must be original or certified copies.

Checking Your Divorce Status

If unsure about your divorce status:

Contact Federal Circuit Court
Provide your case number
Request confirmation of status
Allow time for processing

Need Help?

The Byron Bay Marriage Office can assist with:

Understanding documentation requirements for marriages in New South Wales
Verifying if your documents are sufficient
Finding the right contacts for documentation
General guidance about divorce requirements
Planning appropriate timing with pending divorces for your Byron Bay wedding

Note: While the Byron Bay Marriage Office can provide general guidance, we cannot offer legal advice. For specific legal questions about your divorce, please consult a legal professional in New South Wales.

Important Reminders

Can lodge NOIM while divorce is pending
Don’t book your Byron Bay marriage until divorce is final
Allow time to obtain documentation
Have overseas documents translated early
Keep original documents safe
Bring original documentation to your marriage service in Byron Bay

Marriage After Divorce in Byron Bay