Counselling Certificate for Divorce
Married less than 2 years
Applying for a divorce and married less than 2 years?
A counselling certificate is required when parties were married for less than 2 years at the date of filing an application for divorce. It is a requirement by law that you must attend counselling and the counsellor completes and returns the form to the applicant to be filed with their divorce application.
Frequently Asked Questions
When is the two years calculated?
The two years is calculated from the date of marriage up to the date of applying to the court for divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce.
What do I need to do?
If you have been married less than two years and want to apply for a divorce, you must either:
Attend counselling to discuss the possibility of reconciliation.
OR
If you have not attended counselling, seek permission from the court to apply for a divorce.
Attending counselling
Before applying for a divorce, you and your spouse must attend an appointment with a counselling to discuss the possibility of reconciliation. After the session the counsellor may then provide you with a counselling certificate. You will attach the certificate to the back of your application when you file it.
If you do not attend counselling
If you do not attend counselling, you need the court’s permission to apply for a divorce. Permission os sort by filing an affidavit along with your divorce application. An affidavit is a written statement that is affirmed before an authorised witness such as a Justice of the Peace or a lawyer.
Legal advice
It it recommended you seek legal advice before applying for a divorce.
I do not provide legal advice.
How it works
Book in a session for yourself. You will be asked to provide the contact details of your spouse. As a requirement for the certificate, your spouse will be invited to join the session.
During the session, bring your marriage certificate and valid photo ID to be verified and checked. The duration of the session will be approximately 20-30 minutes.
The certificate will be given to you electronically 1-2 business days after the session is complete.
Fee: $180