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‘Can I immediately remarry once my divorce has been finalised?’ is – and you may be surprised by this – a question that is put to our advisers on a pretty regular basis.

Often, spouses separate and neither has the inclination to file for divorce. They agree on how to divide their various assets, have chosen who’ll keep the matrimonial home etc. and the process of ending their marriage simply seems like an unnecessary cost.

Such arrangements often persist for several years but, when one party finds themselves in a serious romantic relationship, their desire to remarry prompts them to take action and pursue a divorce. Many even book venues, find caterers and ultimately arrange their wedding before they’ve even begun the process of ending their marriage. Hardly surprising that they want to know how soon they’ll be able to marry, then.

Circumstances like these are so common, in fact, that a myth has entered circulation because of them: in recent years (and we have – in spite of our dogged efforts – been unable to discover the origins of this belief), our advisers have reported that an alarmingly large number of people have been under the impression that they are able to remarry immediately after they have filed for a divorce. This is untrue and could potentially result in people committing the act of bigamy – a criminal offence which carries a potential custodial sentence. So, to cut a long story short, if you’re one of the people looking to get divorced so you can remarry your new partner, you’ll need to read this next part very carefully!

Any individual that has been married previously cannot marry someone else until their previous marriage is legally over. Essentially, if you want to avoid being charged with a crime, you need to wait until your divorce has been fully processed; and the word ‘fully’ is important.

Due to exaggerated media reports which imply that a divorce is finalised once a Decree Nisi has been issued (as it’s the one part of the divorce process where a judge is actually involved and their involvement is typically brief), no one could blame you for thinking that you’d be able to marry once you’d received yours, but no, you need to wait for your Decree Absolute.

Yes, it is only once a Decree Absolute has been granted that your marriage is legally over and you’re free to elope with your new partner without fear of legal reprisal. Remember, though, that you’ll need to apply for your Decree Absolute and will need to wait until at least six weeks and one day have passed from the date on which your Decree Nisi was granted before you do.

Do you have more questions about divorce? Click on the link to get in touch with our advisers today.