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If you’ve been in a short marriage of less than 2 years, you can get a divorce.

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You still need to meet the basic criteria for a divorce, which includes being separated for 12 months. But there are some extra things you need to do first.

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Here you'll learn your 2 basic options and I’ll also give you a 3rd option which people don’t always realise they have.

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What you need to do

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If you’ve been married less than 2 years, you need to do one of two things before applying for a divorce.

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• Attend counselling to discuss the possibility of reconciling with your spouse, or…

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• If you don’t go to counselling, you’ll have to ask the Court for permission to get a divorce.

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Let’s look at the first option.

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Counselling

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If you’re married less than 2 years, you must attend counselling to discuss the possibility of reconciliation with your spouse.

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The counsellor needs to complete a certificate setting out the outcome of counselling.

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You should download and take the certificate to the appointment and ask the counsellor to complete it.

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The certificate will need to be attached to your divorce application when you file it with the court.

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You can find a counsellor at www.familyrelationships.gov.au.

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To obtain a blank counselling certificate, you could contact the family court or federal circuit court.

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Alternatively, just contact us and we’ll be happy to email one to you.

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Now let’s look at your second option which is…

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Asking permission from the court

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If you don’t go to counselling with your spouse, you’ll have to ask permission from the court to apply for a divorce.

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You do this by filing an affidavit with your divorce application.

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The affidavit needs to explain why you didn’t attend counselling together.

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For example….

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• If you can’t find your spouse, explain what you’ve done to try and locate them.

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• If your spouse refused to attend, you should set out details of your efforts to invite them.

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• If you don’t feel safe attending counselling with your spouse give details of why, such as a history of violence or abuse in your marriage.

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Preparing and filing an affidavit can be a difficult process but here’s something people don’t always realise.

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One last option to consider

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You can simply wait until 2 years have passed since you were married, and then apply for a divorce.

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The 2 years runs from the date you were married to the date you file your application for divorce with the court.

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Don’t forget you still have to be separated for 12 months.

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Summary

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1.   You need to go to counselling to discuss reconciliation with your spouse.

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2.   The counsellor must sign a certificate which is attached to your
      application for divorce.

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3.   If you don’t go to counselling with your spouse, you have to ask the
      court for permission to apply for divorce.

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4.   To do this, you’ll need to file an affidavit with your application.

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5.   The affidavit needs to explain why you didn’t go to counselling.

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6.   Instead of counselling or preparing an affidavit you have one other
      option…

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7.   You could simply wait until 2 years have passed since you were married,
      and then apply for a divorce.

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Don’t waste hundreds or even thousands on a lawyer when you can do your own divorce.

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We can easily provide you with everything you need to arrange and manage a simple and straight forward divorce.

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If you’d like some help preparing your application, please start here.