Divorce - What if I have been married for less than two years?

Family Law

What if I have been married for less than two years?

The two year period commences from the date of marriage to the date of applying to the Court for a divorce order.  The parties must have been separated and living apart for twelve months prior to applying for a divorce order.

 If your marriage has been for less than two years there is a special requirement to qualify for a divorce order.  Prior to applying for a divorce order, one party to the marriage must:

  • attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with the estranged spouse (with the counsellor providing a counselling certificate (a blank counselling certificate available from Family Law Registry/Court prior to appointment) OR
  • if you have not attended counselling, seek permission of the Court to apply for a divorce  order.  This is done by filing an Affidavit.   We can help you to prepare the Affidavit.

Divorce Hearing and granting of application

The Hearing if usually listed approximately six weeks after the filing of the application.  A divorce application is ordinarily granted on the day of the Hearing with a decree nisi being made.  The divorce becomes absolute one whole month from the making of the divorce order. 

A certificate reflecting the terms of the divorce order is issued by the Court to both parties to the marriage.

Can I marry again?

Yes, but not until one whole month from the making of your divorce order (when it is taken to have become absolute).

At McNabs we are well placed to assist you in any queries that you might have in this area. We understand that these matters can be stressful for you and your family. We can guide you through the process to help make it as trouble free as possible.

We can help

We will respond within the next business day. You can also call 03 9670 9691.