Can I remarry before final divorce decree is issued legally?

Can I annul my registered marriage and remarry if the divorce process is ongoing and the other party did not appear, resulting in an ex parte order?

2 Answers
Only verified advocates can give an answer Sign In
Ayantika Mondal
Advocate Ayantika Mondal Answered: 27 Sep 2025

Dear Client, Legally you cannot remarry until the court has passed a final decree of divorce and the statutory appeal period has expired, even if your case is proceeding ex parte because your spouse did not appear, and you cannot simply annul a subsisting registered marriage while a divorce case is pending unless you file a fresh annulment petition on valid statutory grounds; therefore, the safe and lawful course is to wait until the divorce decree is issued and has become final, after which you are free to remarry without risk of the second marriage being treated as void or attracting charges of bigamy. I hope this answer helps, for any further queries, please do not hesitate to contact us. Thank You

Admin
Advocate By LEAD INDIA Answered: 22 Sep 2025

If your divorce is still pending, you cannot legally remarry until the court grants a final decree of divorce. An ex parte order only decides the case in the absence of the other party, but the marriage remains valid until the decree is officially issued. You must wait for the final divorce judgment before remarrying to avoid legal consequences of bigamy. For further legal assistance contact us on our helpline number.

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now