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Many people wonder if it is possible to get engaged while still married. In Australia, the answer is yes. Engagement, unlike marriage, does not carry legal weight. It is simply a promise between two people to marry in the future. However, although you are free to get engaged, you cannot legally marry your new partner until your current marriage has been legally dissolved through divorce.
Engagement and marriage are often confused, but the law draws a clear line between them. Marriage creates a binding legal relationship governed by the Marriage Act 1961, while engagement remains a personal commitment. That is why someone can accept a proposal despite still being legally married, but they cannot move forward with an official marriage until the divorce process has been finalised.
Marriage Licences and the Divorce Requirement
One of the common questions people face is whether they can apply for a marriage licence while still married but newly engaged. The law in Australia is very clear on this point: a marriage licence cannot be issued if either party remains married to another person. Australian law prohibits polygamy, and any attempt to marry before finalising an earlier marriage will result in rejection of the licence application.
To dissolve a marriage, couples must go through a mandatory twelve-month separation period before filing for divorce. Once the divorce application is processed and granted, both parties are free to marry again. Until that happens, no matter how committed the new relationship may be, the legal status of the earlier marriage will remain in effect. For those facing difficulties during this stage, consulting divorce family lawyers can provide much-needed clarity and guidance.
Setting a Wedding Date While Still Married
Although the law prevents remarriage before a divorce is finalised, there is no restriction on planning ahead. Many couples choose to set a wedding date during the divorce process. While this can feel like an exciting way to look forward to the future, it carries some practical risks.
Because divorce proceedings take time, and because unexpected delays can arise, it is sensible to build flexibility into the timeline. If a wedding date is booked before the divorce order is granted, there is always a chance that the legal paperwork may not be complete in time. Setting a date too early can cause stress, and in some cases, force couples to postpone their celebration.
Aside from the legal dimension, there are also personal and social factors to consider. Planning a wedding while still married can be complicated for families, especially when children are involved. Some find it helpful to wait until their divorce is complete before moving forward publicly with a new wedding, to minimise tension and avoid misunderstandings.
Engagements, Divorce Proceedings, and Family Dynamics
While engagement itself has no legal standing, it can sometimes influence the way a divorce unfolds. For example, if one spouse becomes engaged during divorce negotiations, the other party may perceive this as significant in matters such as property division or child arrangements. The law itself does not penalise a person for becoming engaged, but perceptions can affect how discussions progress.
Consider the case of a woman who was in the midst of a divorce when her partner proposed to her. She accepted the engagement, but soon realised that her decision might create complications during ongoing negotiations. When she sought advice, her legal team explained that engagement would not directly alter her legal position, but it could affect how her former spouse responded during settlement talks. With professional guidance, she was able to move forward while understanding both the legal and emotional implications.
In circumstances involving children, matters can be particularly sensitive. Parents who are planning a new marriage while still finalising a divorce may need to approach conversations carefully to ensure their children feel secure. Where disputes arise, particularly over parenting arrangements, speaking with lawyers who specialise in child custody Brisbane cases can make the process far smoother.
Should You Wait Until Divorce Is Final Before Accepting an Engagement?
There is no legal reason to postpone an engagement until after divorce. Accepting a proposal is a personal choice that does not violate any law in Australia. However, from both a legal and emotional perspective, it may be wise to take timing into account. Divorce proceedings can be stressful, and adding the complexity of an engagement can sometimes complicate negotiations or affect family dynamics.
Many people find that waiting until after their divorce is granted helps them move forward with greater clarity and fewer complications. Others choose to embrace engagement as a way to celebrate a fresh start, even while the legal process is ongoing. The decision depends on the individual’s circumstances, but speaking with experienced family lawyers can help weigh the potential advantages and disadvantages.
Final Thoughts
Getting engaged while still married is legally permissible in Australia, but it does not change the fact that a person must be divorced before marrying again. The law prioritises finality in one marriage before allowing another to begin. Although planning a future together can be exciting, it is wise to balance that enthusiasm with an awareness of the legal process and its impact on family relationships.
For anyone navigating this delicate stage, professional legal advice can make a significant difference. Whether you need guidance from divorce family lawyers for the divorce process itself, or from child custody Brisbane specialists in situations involving parenting disputes, seeking advice early on can help you move forward with confidence and peace of mind.