Can I Remarry Before My Divorce Is Final in England and Wales?

Introduction: legal status and remarriage

You cannot remarry while you remain legally married. The marriage only ends when the court issues the final order. Until that point you have no legal capacity to marry someone else in England and Wales.

What the final order does

The final order, formerly called the decree absolute, legally dissolves the marriage or civil partnership. Once the court grants the final order both parties are free to marry or form a new civil partnership. Do not book a ceremony or sign marriage paperwork before you have the final order.

Conditional order does not permit remarriage

The conditional order, previously called the decree nisi, confirms the court accepts that the relationship has irretrievably broken down. This order does not end the marriage and does not allow remarriage. You must wait until the final order to change marital status.

Typical waiting periods and timings

After you apply the court issues the conditional order then a statutory waiting period applies before you can ask for the final order. In many straightforward cases the overall process takes around six months, but disputes over finances or children can extend this considerably. Check current government guidance for exact timings when you apply.

What happens if you remarry before the final order

If you attempt to remarry without a final order the new marriage will be void because you remain legally married to your former spouse. A void marriage has no legal effect, and you could face legal and practical complications relating to property inheritance tax and immigration status. Avoid any ceremony until the final order is confirmed.

Practical steps before remarrying

Wait for the court to issue and confirm the final order. Keep a certified copy of the final order as proof of divorce when you apply for a marriage licence or register a new civil partnership. Update your passport wills pensions and any beneficiary details after the final order to reflect your new status.

Consider financial and parental matters first

Resolve financial settlements and child arrangements before remarrying when possible. The final order affects the timing of financial claims and your bargaining position in negotiations. If you have outstanding financial remedy applications consult a solicitor before remarrying to understand any consequences.

International considerations and overseas ceremonies

If you plan to marry abroad check local rules and ensure the foreign authority will accept the English final order. Some countries require additional documentation or translations. If you remarry abroad without a final order you still risk the marriage being void in England and Wales. Likewise, some informal marriages in certain jurisdictions (for example Pakistan and Bangladesh) may not be treated as valid in England and Wales.

When to seek legal advice

Get specialist family law advice if you face complexity such as high value assets pensions business interests or immigration issues linked to future marriage. A solicitor will explain timing risks and help you protect your legal position before you remarry.

Conclusion: wait for legal finality

Do not remarry until the court issues the final order. The conditional order does not end the marriage and any ceremony before the final order will be void. Resolve finances and child matters where possible and obtain legal advice for complex situations to avoid unexpected legal consequences.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.