Married less than two years

There are additional requirements for a divorce application if you are applying less than two years after you married.

The two years is calculated from the date of the marriage to the date of applying for divorce. The two years includes the 12 months you must have been separated before applying for a divorce.

The requirements include:

• Considering reconciliation with the assistance of a specified counsellor prior to filing an application; or
• Satisfying the court there are special circumstances the divorce should be granted even though the parties have not considered reconciliation with the assistance of a counsellor.

Reconciliation Counselling

You can attend counselling with a family counsellor or specified counsellor to discuss the possibility of reconciling with your spouse.

Ask the counsellor to complete a prescribed counselling certificate that states he/she has discussed the possibility of reconciliation with you and your spouse.

You should take a blank prescribed counselling certificate to your appointment.

For more information on family counselling services, visit the Family Relationships Online website.

Satisfying the Court

If both parties do not attend counselling, you will need to satisfy the court there are special circumstances that mean the divorce should be granted.

To do this you need to file an affidavit with your divorce application, seeking leave to file your application, and explaining the special circumstances that mean you should not have to comply with the requirement to attend reconciliation counselling. You will need to attend Court.

Last updated: 24-Nov-2020

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