Divorce can be tough, but sometimes, couples find their way back to each other. A common question many people ask is:
Can you remarry the same person after divorce? The short and simple answer is yes. In Australia, you can legally remarry your former spouse if you both agree and meet all the legal requirements.
Rekindling a relationship with your ex-partner is not uncommon, and the law doesn’t prevent you from giving your marriage another try.
However, there are certain steps and timelines you need to follow. This article will answer the most common questions in a simple, easy-to-understand way so you can feel confident about what’s ahead.
Is It Legal To Remarry Your Ex-Spouse In Australia?
Yes, it is completely legal to remarry your ex-spouse in Australia. The law does not stop divorced couples from tying the knot again.
Once a couple has legally ended their marriage through a divorce, they are free to marry anyone they choose—including each other.
There are no rules in Australian family law that say a couple cannot get married again after a divorce, even if it’s to the same person.
In fact, some couples decide after spending time apart that they still care deeply for each other and want to try again. The law supports your right to make that choice.
But before you can remarry, you must make sure your divorce is finalised. In Australia, a divorce only becomes final one month and one day after the court grants the divorce order.
Until then, you are still considered legally married, and you cannot remarry anyone.
How Long After Divorce Can You Remarry The Same Person?
There is no specific waiting period that says how long you must wait before marrying your ex-spouse again. The only rule is that your divorce must be final before you can legally remarry.
Here’s what that means: once the court grants your divorce, you must wait one month and one day from the date of the divorce hearing for the divorce to become final. After that, you are free to get married again—even if it’s to the same person.
For example, if your divorce hearing is on 1st March, your divorce will become final on 2nd April. You can then marry your ex-spouse any time after that date.
However, it’s important to remember that getting married again is a serious legal commitment.
Just like the first time, you will need to prepare documents, meet legal requirements, and make sure both of you are on the same page emotionally and financially.
What Legal Steps Are Required To Remarry Your Former Partner?
Remarrying your ex-spouse involves the same legal process as marrying any other person. Here are the steps you need to follow:
Make Sure Your Divorce Is Finalised
You cannot remarry until your divorce is final. Double-check that you have received the divorce order and that the final date has passed.
Give Notice of Intended Marriage
You must fill out a Notice of Intended Marriage form and give it to your celebrant at least one month before your planned wedding date. This form must be signed by both parties and witnessed properly.
Provide Required Documents
You’ll need to show proof of your divorce. This is usually a copy of your divorce order or decree absolute. You will also need proof of identity, like a birth certificate or passport.
Choose a Registered Marriage Celebrant
You must be married by a celebrant who is legally allowed to conduct weddings in Australia.
Plan Your Wedding and Get Married
Once all the paperwork is done and the waiting period has passed, you can remarry your ex-spouse in a wedding ceremony of your choice.
It’s also a good idea to get legal advice—especially if there were previous issues around property, children, or finances. A family lawyer can help make sure everything is in order before you remarry.
Also Read: Second Marriage Divorce Rate in Australia: What Makes Second Marriages Harder?
Does Remarrying The Same Person Affect Property Or Custody Orders?
Yes, it can—depending on the situation. When you divorce, the court may issue orders about who gets what (property orders), who looks after the children (parenting orders), and how finances are handled (spousal maintenance).
If you remarry your ex-spouse, these past court orders do not automatically change or go away. You will need to make new arrangements or apply to the court to update them if you want to change anything.
For Property Orders:
If your property was divided during the divorce, that agreement still stands—even if you remarry. If you and your ex buy new assets after getting married again, those will be treated as part of your new relationship.
For Parenting Orders:
If you had orders about who the children live with or when each parent sees them, these orders will still apply. If your new relationship changes your living situation or how much time you both spend with the kids, you may need to update the parenting orders.
For Spousal Maintenance:
If one of you was paying spousal maintenance to the other, that may stop when you remarry. The law assumes that a new marriage may change your financial needs, so you may need to inform the court and ask for changes.
The best approach is to speak with a family lawyer who can review your court orders and help you decide what needs to be changed, if anything.
When Love Gets A Second Chance: Know Your Legal Rights
Reconnecting with your ex-spouse and deciding to remarry is a brave and hopeful choice.
While Australian law allows it, it’s important to make sure all your paperwork is in order and that you both understand what this new chapter means.
From finalising your divorce to giving notice of your new marriage, the legal steps are clear but must be followed carefully.
Love doesn’t always follow a straight path—and sometimes, couples grow stronger the second time around.
Just make sure to protect your legal rights along the way, especially if you have children, shared property, or existing court orders.
A professional legal opinion can save you from future misunderstandings and give your renewed relationship the strong foundation it deserves.
Need Expert Advice Before Saying “I Do” Again?
Are you thinking about remarrying your ex-spouse and want to make sure everything is done properly?
At Ipswich Family Lawyers, we offer expert legal advice to help couples understand their rights before they remarry.
Whether you need help with property settlements, parenting orders, or just want to make sure you’re ready for this big step, we’re here for you.
Contact us today to book your confidential consultation and take the next step with confidence.
