Have You Been Married For Less Than Two Years?

October 26, 2022

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

If you are wishing to apply to the Court for a divorce but have been married for less than two years, it is important to understand that the law in this area has recently changed.

Previously, parties who had been married for less than two years were generally required to attend counselling and obtain a counselling certificate before filing for divorce, unless the Court granted permission to proceed without counselling.

However, from 10 June 2025, this requirement was removed. Parties who have been married for less than two years are no longer required to attend counselling or file a counselling certificate before applying for divorce. 

To apply for a divorce in Australia, you must still satisfy the standard legal requirements, including:

• that the marriage has broken down irretrievably; 
• that you and your spouse have been separated for at least 12 months; and 
• that either you or your spouse meets the Australian citizenship or residency requirements. 

If there are children of the marriage under the age of 18, the Court must also be satisfied that proper arrangements have been made for their care, welfare and development. 

Do I have to attend Court?

In many cases, you may not need to attend Court for your divorce hearing.

As of 10 June 2025, sole applicants with children under the age of 18 are no longer automatically required to attend the divorce hearing, although they may still choose to do so. 

The Court may still require attendance in certain circumstances, particularly if there are issues with service, jurisdiction, or arrangements for children. However, many divorce applications are now determined electronically without either party needing to appear.