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Proof of divorce when getting married

If you have previously been married and have gone through the divorce process, you will be required to provide evidence of your divorce to your marriage celebrant prior to your upcoming marriage.

 

What evidence do I need to show my marriage celebrant as proof of divorce?

 

Your celebrant is required to sight your official evidence of divorce and record the date your divorce was finalised and the court location in which it took place. You will need to show your celebrant an official divorce certificate provided by the court in which the divorce was finalised. 

 

If the divorce was finalised in Australia, divorce orders after 13th February 2010 are digital orders with an electronic seal and signature. This is the only form of order provided by the court. Your marriage celebrant will only need to sight an electronic copy as evidence of divorce (ie. you aren’t required to provide a hard copy of your divorce order)

 

In most cases, the divorce order takes effect one month and one day after the divorce is granted. You cannot request proof of divorce before this time. For example, if your divorce was granted on 1 January it will be finalised on 2 February.

 

How do I obtain my evidence of divorce if I was divorced in Australia?

 

Here is a step by step guide on how to apply for your evidence of divorce. 

 

https://www.fcfcoa.gov.au/hdi/fl/prove-divorce

 

How much does it cost to receive my official proof of divorce? 

 

Divorces finalised AFTER 13 February 2010 can obtain official proof of divorce at no cost from the Commonwealth Courts Portal if you were a party to the proceedings and the divorce was finalised after 13 February 2010. This proof of divorce is a digital order with an electronic seal and signature and is the only proof of divorce provided by the courts.

 

Divorces finalised BEFORE 13 February 2010 are not available to print from the Commonwealth Courts Portal and you must fill out an application form, pay a $30 fee and allow up to 10 working days processing time to receive your evidence of divorce. 

 

What if I was divorced outside of Australia? 

 

If the divorce was granted outside of Australia you will need to contact the relevant court or authority in the country where the divorce was granted