Divorce – If Married Less Than 2 Years
If you have been married for less than two years at the time of filing your Application for Divorce, before you are able to file for divorce in Australia it is vital that you attend to at least one of the following:
- Attend counselling with a family counsellor to discuss the possibility of reconciliation with your spouse. Following the counselling, the counsellor will then need to complete a counselling certificate setting out that the possibility of reconciliation was discussed with both spouses. The Court will require that Certificate before you get divorced; or
- If counselling has not occurred, you can then seek permission from the Court to apply for a divorce, which is done by filing an affidavit with the Divorce Application setting out why there are ‘special circumstances’ as to why the counselling has not occurred. Special Circumstances can include things such as there has been domestic violence in the relationship or a spouse cannot be located.
The two year period runs from the date you got married until the date that you file for divorce and it can include the time that you have been separated.
If you have been married for less than two years and you are wanting to separated or get a divorce, it is important that you understand your rights and how the Family Law system in Australia works. It is recommended that you speak to a specialist in Family Law who can assist and guide you through the process. The team of professionals at Michael Lynch Family Lawyers in Brisbane have had extensive experience in managing divorce proceedings for couples that have been married for less than 2 years. If you have any concerns or queries, please contact us to make an initial consultation to discuss your particular situation and how we can work with you to achieve the best possible outcome.