Additional divorce application requirements

You have to file a marriage certificate with all divorce applications, and there are extra documents if:

• your marriage certificate is not in English
• You were separated under one roof
• You are relying on citizenship or visa residency requirements, or
• You have been married for less than two years

If your marriage certificate is not in English

If your marriage certificate is not in English, you will need to have the certificate translated. and attach both documents to an Affidavit of Translation of Marriage Certificate from the translator.

The National Accreditation Authority for Translators and Interpreters has an online directory of accredited translators.

If you were married overseas and do not have a copy of your marriage certificate, you should contact the relevant authority in that country to obtain a copy.

If you have contacted the relevant authority, but can't get a copy of your marriage certificate, you will need to file an affidavit with your application. In your affidavit, you need to explain the details of your marriage and the reasons why you cannot get a copy of your marriage certificate.

If you were separated under one roof

If you were separated under one roof, you need to file an affidavit with your application. In the affidavit, you need to provide details of your separation.

If you are making a joint application with your spouse, you need to file:

• separate affidavits by each spouse, and
• an affidavit by an independent person.

If you are making a sole application for divorce, you need to file:

• an affidavit, and
• an affidavit by an independent person.

The affidavit by the independent person should contain as much information as they know about the separation. The separated under one roof page has more information on what the affidavit should contain.

If you are relying on citizenship or visa residency requirements

If you are relying on citizenship or a visa to meet the residency requirements, you need to file the documents relevant to your situation.

If you have been married for less than two years

If you have been married for less than two years, there is an extra requirement when you apply for a divorce. You have to attend marriage counselling to consider reconciling with your spouse.

You prove this by filing a certificate signed by the counsellor when you make your application.

The two years is calculated from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also meet the standard requirement to have been separated for at least 12 months before applying.

See the married less than two years page for more information.

Last updated: 16-Apr-2018

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