Can You Get Engaged If You Are Nonetheless Married?

January 18, 2024by Naomi Cramer


It’s authorized to get engaged whereas nonetheless married. Engagement, not like marriage, doesn’t have any authorized implications. Nonetheless, you can not legally marry your new companion till your present marriage is dissolved via divorce.

Right here’s a breakdown of the important thing factors:

  • Engagement vs. Marriage: Engagement is a promise to marry sooner or later, whereas marriage is a legally binding union.
  • Legality of Engagement: There’s no legislation towards getting engaged whereas married in Australia.
  • Divorce Course of: Earlier than you’ll be able to legally marry your new companion, you must finalize your divorce out of your present partner. This sometimes includes a 12-month separation interval earlier than making use of for divorce.

Can You Get a Marriage License If You’re Already Engaged Whereas Married?

You can not legally acquire a wedding license in case you are already married, no matter whether or not you’re engaged to another person. Australian legislation doesn’t enable an individual to be married to a couple of individual at a time. That is in keeping with the Marriage Act 1961, which governs marriages in Australia.

Beneath this Act, one of many important situations for a legitimate marriage is that each events usually are not lawfully married to another person on the time of the wedding. Subsequently, in case you are nonetheless legally married to a different individual, you need to first acquire a divorce earlier than you’ll be able to legally marry another person.

The method of getting divorced in Australia sometimes requires 12 months of separation. After this era, you’ll be able to apply for a divorce, which should be granted earlier than you’re legally free to marry once more.

When you apply for a wedding license whereas nonetheless legally married to another person, your utility shall be rejected. It’s necessary to observe the authorized course of for divorce to make sure that your subsequent marriage is legally legitimate. Authorized recommendation or session with a family legislation skilled is beneficial in such conditions to navigate the method accurately.

Can You Set a Wedding ceremony Date Whereas Nonetheless Married?

Sure, you’ll be able to set a marriage date whereas nonetheless married, however there are necessary authorized and sensible concerns to bear in mind. In Australia, as in lots of different nations, you can not legally marry somebody in case you are already married to a different individual. Subsequently, whereas setting a date for a brand new wedding ceremony is feasible, it’s essential to make sure that your divorce shall be finalised earlier than the deliberate wedding ceremony date.

Listed here are some key factors to think about:

  1. Divorce Course of Timeframe: In Australia, the divorce course of includes a compulsory separation interval of 12 months. After submitting for divorce, there’s often a further interval earlier than the divorce is finalised. Be sure that this timeframe is taken into account when setting a brand new wedding ceremony date.
  2. Authorized Implications: It’s necessary to be legally divorced earlier than marrying once more. Marrying somebody whereas nonetheless legally married to a different individual is bigamous and unlawful.
  3. Planning Concerns: Given the uncertainties and potential delays in authorized processes, it may be smart to plan the marriage date with some flexibility in thoughts or solely after the divorce is finalised to keep away from any authorized issues.
  4. Emotional and Social Points: Other than legalities, take into account the emotional and social implications of planning a marriage whereas nonetheless legally married. This is usually a delicate problem for all events concerned, together with children and prolonged household.

Whereas there isn’t any authorized restriction on planning a marriage or setting a date for a future marriage, guaranteeing that each one authorized obligations and processes are accomplished is essential for the validity of your subsequent marriage and for avoiding authorized issues. It’s typically advisable to seek the advice of with an skilled divorce lawyer to navigate this course of easily.

Ought to You Wait Till You’re Divorced to Get Engaged?

A lady amid a divorce discovered herself in a posh emotional and authorized quandary when her boyfriend proposed to her. She was torn between accepting this new chapter of happiness and the authorized implications it may need on her ongoing divorce proceedings. At Justice Household Legal professionals, our skilled lawyers present complete recommendation.

They reassured her that, whereas being engaged has no authorized standing, it might probably affect the divorce course of, significantly if it impacts negotiations or perceptions in issues like property settlements or child custody. Our lawyers emphasised the significance of clear communication with all events concerned and suggested her to think about the emotional and sensible points of her choice.

With our steering, she was capable of navigate this delicate scenario with a greater understanding of the authorized and private implications, guaranteeing her choice was each legally sound and emotionally proper for her.

Can You Get Engaged If You Are Nonetheless Married?

At Justice Household Legal professionals, we perceive the complexities of affection and legislation. When you’re considering engagement throughout an ongoing divorce, allow us to information you thru the authorized panorama with readability and compassion. Our skilled staff is devoted to making sure your choices are each legally sound and aligned along with your journey. Contact us at this time for a session, and take step one in direction of navigating your future with confidence and authorized peace of thoughts.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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