The two years are calculated from the date of your marriage to the date you file the Divorce Application. Additionally, you must have been separated from your spouse for a period of at least 12 months before applying for a divorce. The two years can include the 12 month separation period.
If your circumstances fall within the two-year period, the Court requires that prior to the Divorce Application, you and your spouse must attend counselling with a family counsellor or nominated counsellor. This is to discuss the possibility of reconciliation.
If you require assistance in finding a counsellor, you can go to:
NOTE: It is important that the counsellor you choose is qualified to complete a counselling certificate issued by the Court. This certificate confirms that the counsellor has discussed the possibility of reconciliation with you and your spouse.
You can find a blank counselling certificates by downloading it HERE..
NOTE: When you file for divorce, you will need to attach the completed counseling certificate to the back of the Divorce Application.
HOWEVER, sometimes it is not possible to attend counselling with your spouse and if you do not attend counselling, you must seek the Court’s permission to apply for a divorce.
You can do this by filing an affidavit with your application to divorce, which is basically a written statement prepared by a witness or party. This is used to present facts of the case to a Court and it must be sworn or affirmed in front of a person such as a lawyer or a Justice of the Peace.
Your affidavit must explain:
Remember: if you’ve been married less than 2 years the proecss for divorce is different and if you need any legal advice in your situation, you can contact Neat Law for our services.