If you want a divorce for your marriage that has lasted less than 2 years, the Australian Law requires that prior to the Divorce Application, you and your spouse must attend counselling with a family 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..
When you file for divorce, you will need to attach the completed counselling certificate to the back of the Divorce Application.
Sometimes you may not find it possible to attend counselling with your spouse.
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 in front of a person such as a lawyer or a Justice of the Peace.
Your affidavit must explain: