Divorce Within 2 Years of Marriage: Requirements, Exceptions, and Legal Insight

Can I Get Divorced if I’ve Been Married for Less Than 2 Years?

The short answer is Yes, but if you are deciding to pursue a divorce within the first two years of marriage can be a difficult and emotionally charged decision. Understanding the legal aspects surrounding such a situation is crucial for those considering this option.

Obtaining a Certificate Prior to Filing for Divorce

In accordance with the Family Law Act 1975 (Cth) SECT 44 Institution of proceedings, couples seeking a divorce within the first two years of marriage must obtain a certificate from a family counsellor or consultant appointed by the Family Court. This certificate serves as evidence that the couple has given due consideration to reconciliation and counselling before proceeding with divorce.

Exceptions to Couples Counseling Requirement

While counselling is typically a mandatory step before filing for divorce, there are exceptions in certain circumstances:

• Partner’s Refusal for Counseling: If one partner refuses to participate in counselling or fails to respond to requests for counseling sessions, obtaining a counselling certificate may not be feasible.

• History of Abuse: In cases where there’s a documented history of abuse within the marriage, attending counselling together might pose a risk to the safety and well-being of one or both partners. In such situations, alternative arrangements may need to be made.

In instances where obtaining a counselling certificate is not possible or safe due to these exceptional circumstances, individuals must file an affidavit detailing the reasons for exemption from the counselling requirement.

Children and Parenting Matters

When considering divorce within the first two years of marriage, the presence of children adds another layer of complexity. Co-parenting arrangements, child custody, financial agreements and visitation schedules require careful consideration to ensure the well-being of the children involved. Seeking legal advice and mediation services can help navigate these complexities and prioritise the best interests of the children. 

Additionally, understanding child support agreements and their implications is crucial in establishing financial stability for both parents and ensuring the children’s needs are met.

Legal Assistance and Next Steps

Navigating the legal process of divorce, especially within the first two years of marriage, can be complex and emotionally challenging. Seeking guidance from a qualified legal professional is highly advisable. A legal expert can provide personalised advice, help you understand your rights and obligations, and guide you through the divorce process with empathy and expertise.