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Once you have received your Decree Absolute confirming your divorce, you can remarry immediately. There is no waiting period before getting married again.
It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
Contrary to what many people think, you’re not divorced when your Decree Nisi has been issued. You have to wait at least six weeks and one day from the date your Decree Nisi was granted before you apply for your Decree Absolute.
Only once the Decree Absolute has been granted is your marriage legally over and you can remarry without any legal ramifications.
There are other issues to consider if you want to get remarried immediately after your previous divorce has been granted.
For example, if you decide to remarry before a financial order is in place (linked to your divorce), the law will prevent you from applying to the Court for a financial provision order or a property adjustment order.
This means that you will not be able to apply to the Court for spousal maintenance, a lump sum order or an order in relation to property. You will not, however, be prevented from making a claim that relates to your former spouse’s pension.
Remember also that any obligation to pay spousal maintenance ends on the remarriage of your former spouse.
It is therefore extremely important to sort out a financial settlement properly when you divorce and to ensure this is put in place before you decide to remarry. Any delay could be costly.
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The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.