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If you are going to get married again and you are divorced then of course you will have to prove that you are actually divorced. There may be other reasons where you need to prove you are divorced such as when applying for Government financial help as a single parent or when you have met someone and they want the peace of mind before the relationship goes deeper that you are divorced. One of the best ways to prove that you are actually divorced and not just separated or waiting for a divorce to go through is to show those concerned your divorce papers or certificate of divorce. Your divorce certificate is in fact the only legal proof that you are divorced.
If you need to prove you are divorced due to remarrying, then you will simply take your divorce certificate along with you to the registrar office, once you have obtained it. The same would apply to Government offices when you go to apply for state benefits as a single person.
If you have your divorce certificate then all is well as this can be used to prove that you are divorced. However if for any reason you do not have your certificate then you will have to request a replacement certificate. There are different ways of doing this depending on where you live and when your divorce went through. If you do need to apply for a replacement divorce certificate then you should do so in plenty of time, especially if you need it before applying for a marriage certificate. Again, how long you have to wait for your replacement certificate will depend on where you live and when you got divorced. Below is some information on obtaining divorce records if you reside in Australia.
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If your divorced occurred after January 2002 then you may be able to get your divorce records from the Family Law Registry. You will need to fill in a document request form and pay a fee to obtain the records.
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If the divorce occurred before 1976, this was before the Family law system came into force. Prior to this, the Commonwealth of Australia administered any applications of divorce. In this case, to obtain your divorce records you will need to contact the local court of where you live or where your divorce took place.
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Should your divorce have taken place between 1976 and 2001 then it is possible that your divorce records will have been archived. Again, you will have to contact the court in the state where your divorce took place to find out where your records are.
Here are some useful websites to use when looking for divorce records in Australia and the rest of the World
How long might it take to get your divorce records?
If your divorce records or certificate has been put in archives then it may take a great deal longer to get them. Usually you can expect a wait of around 10 days from the time you apply to the courts for your certificate. However in some cases you may be able to request them urgently, however if this is possible you will be charged a higher fee. Where possible when needing your divorce records to prove you are divorced you should apply for them well before you need them. If you are obtaining your divorce records through the Family law registry then you may be able to obtain them there and then. However, do not rely on this. If requesting divorce records by post then of course you can expect a 2 or 3 day wait from applying for your records.
While the above information is for residents of Australia, the rules when needing to prove that you are divorced will be roughly the same for the rest of the world. Of course, you are also able to apply for your divorce records using one of the many websites that specialise in finding public records.
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