No matter how short a
marriage lasts, there are certain requirements that must be met
before you can get your divorce. The first is that it must be
at least 12 months from the date you separated from your spouse
before you can apply to the Court for a divorce.
If you want to apply for a divorce and it has been less than 2
years since you were married, there is another requirement; you
need to attend counseling with your spouse and consider
reconciliation. You need to get a certificate from the
counselor to file with your Application for Divorce.
There are some circumstances when a Court will grant a divorce if
you have not attended a counseling session but the law of this is
not straightforward. There is no actual list of what reasons
mean you do not have to attend counseling. The most common
reason however is when your spouse refuses to attend at the
Given the complexity of this area of the law you would need to
obtain legal advice on this issue and you can get that from
Andersons Solicitors on (08) 8238 6666 or at our website.