After the merriment and festivities of Christmas and the New Year, February comes with Valentine’s Day romance. Valentine’s Day celebrations, most often, come with the desire for another shot at marriage, a second chance at love, and an opportunity at reconciliation. We know what you are thinking, what has romance and love got to do with family law? Is family law not about separation and divorce? You are not wrong, but family law is also about, second chances, second time right and happily ever after! This article is one of our Valentine’s Day series answering general questions on new relationships and family law, including the age-old dilemma: Should you give love another chance this Valentine’s Day.

Thinking of re-entering the game ... but not yet divorced?

As Valentine's Day approaches you may be considering committing to your partner or proposing marriage. Or you may have been recently engaged and have plans of getting married on or around Valentine’s Day. However, either or both of you are still legally married to your former spouse. You may now be in a bind as to what the law says and how family law affects your plans.  

The good news is you can enter into a committed relationship or be engaged while legally married to another person. If a wedding is in the horizon but one of you is still legally married to another person, the partner who is married must first obtain a final divorce order. Marrying without first obtaining a final divorce order for the previous marriage that has irretrievably broken down, is unlawful. 

It is important to legally terminate, finalise or sever any existing legal relationship you may have with your partner or spouse once your marriage or relationship has irretrievably broken down. 

Getting into  a serious committed relationship before divorce 

As Valentine Day approaches you may be considering committing to your partner or proposing marriage. Or you may have been recently engaged and have plans of getting married on or around Valentine’s Day. However, either or both of you are still legally married to your former spouse. You may now be in a bind as to what the law says and how family law affects your plans.  

The good news is you can enter into a committed relationship or be engaged while legally married to another person. If a wedding is in the horizon but one of you is still legally married to another person, the partner who is married must first obtain a final divorce order. Marrying without first obtaining a final divorce order for the previous marriage that has irretrievably broken down, is unlawful.

It is important to legally terminate, finalise or sever any existing legal relationship you may have with your partner or spouse once your marriage or relationship has irretrievably broken down. 

Setting a wedding date for a second marriage 

In a nutshell, according to the Marriage Act 1961, if you or your partner is still legally married to another person, the second marriage can only be valid and legally solemnised after a final divorce order to legally terminate the first marriage. 

Applying for a divorce

To apply for divorce, you or your former partner must have been separated for at least 12 months to show that the marriage has irretrievably broken down. In you are tech savvy you may be able to apply for divorce online.  

Please see an experienced family law lawyer, if you have been separated under one roof, and/or have had multiple separations before your final separation. Our family law team at New South Lawyers has experienced dealing with individuals giving love another chance. We will also help you consider legal tools to protect your relationship and each other, while you give love another chance! 

The above information is a general guide and not legal advice. It is based on our knowledge, research and experience at the time of publication. Please contact our experienced family law team for advice relevant to your circumstances. 

New South Lawyers’ communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication.

To find out more, chat with a member of New South Lawyers' Family Law Team today.