Limitations on Applying for a Divorce within 2 Years of Marriage | Family & Divorce Lawyers Melbourne

If you're considering a divorce and have been married for less than 2 years, you may not be able to apply for a divorce unless you've attempted a reconciliation. Our family and divorce lawyers in Melbourne explain the legal requirements for divorcing within 2 years of marriage.

The 2-year period is calculated from the date of marriage until the date of filing the application, rather than the date of separation. Parties are still required to have been separated for 12 months prior to making an application.

In order for the court to hear an application for divorce where the application is made within 2 years of the date of the marriage, one of the following must occur:

• The parties must have considered reconciliation with the assistance of an authorised counsellor prior to filing their application. In such a case, a certificate signed by the counsellor must be filed with the application for divorce.

• The court must be satisfied that special circumstances exist.

If the court is satisfied there are special circumstances, the court may dispense with the requirement for counselling. In such a case, a person is required to seek the permission of the court to divorce.

Special circumstances may include cases where the respondent's whereabouts are unknown, there has been a history of family violence, or the parties have previously had unsuccessful marriage counselling. To make an application to dispense with the requirement of counselling, an affidavit deposed by the applicant should be filed with the divorce application setting out the grounds on which the application is based.

If the court accepts that special circumstances exist, it will then immediately deal with the application for divorce. If the court decides that no special circumstances exist, the application for divorce will be adjourned until the required counselling takes place or until the parties have been married for more than 2 years, at which time the application for divorce will proceed as usual.

If you're looking for family and divorce lawyers in Melbourne to help you navigate the legal requirements of a divorce within 2 years of marriage, our team at Dhillon Legal can provide expert advice and representation. Contact us today to schedule a consultation by clicking here.

Alternatively you can start your application using our online divorce application form here.