Divorce After Less Than Two Years of Marriage in Australia

If the period between your wedding date and the date you file for divorce is less than two years, Australian family law imposes an additional requirement before you can proceed. This comes from Section 44(1B) of the Family Law Act 1975.

The two-year calculation includes the mandatory 12-month separation period. So if you separated six months after the wedding and wait the required 12 months and one day, you are filing at approximately 18 months — still under the two-year threshold.

Option 1: Counselling Certificate

The standard pathway is to attend a reconciliation counselling session with a registered family counsellor. The purpose is not to force reconciliation — it is a statutory safeguard to confirm that the decision to divorce has been considered carefully.

The counsellor must be registered under the Family Law Act (not any general therapist or psychologist). After the session, the counsellor completes and signs a Counselling Certificate, which you attach to your divorce application when filing through the Commonwealth Courts Portal.

You can attend the session alone if your spouse refuses to participate. The counsellor will still issue the certificate based on your attendance.

To find a registered family counsellor, search the Family Relationships Online directory at familyrelationships.gov.au or contact the Family Relationship Advice Line at 1800 050 321.

Option 2: Exemption by Affidavit

If attending counselling is impossible or unsafe, you can apply for the court's permission to proceed without a certificate. You must file a detailed affidavit explaining why counselling cannot occur.

Valid grounds for an exemption include:

• Family violence: A documented history of domestic violence or coercive control makes attending counselling with the other party unsafe
• Unable to locate the respondent: You have made reasonable attempts to find your spouse but cannot contact them
• Geographical isolation: Extreme remoteness prevents access to a registered counsellor (more relevant in rural and remote areas than the ACT)
• Spouse refuses to attend: While you can attend alone, if circumstances make even solo attendance impractical, the affidavit should explain why

The affidavit must be sworn before a Justice of the Peace or practising lawyer and uploaded to the portal with your application.

Foreign Marriage Certificates

If your short marriage took place overseas, the additional requirements still apply — and you face an extra administrative step. Your foreign-language marriage certificate must be translated into English by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).

You must file the original certificate, the certified translation, and a separate Affidavit — Translation of Marriage Certificate. NAATI-accredited translators can be found through the NAATI directory online. Translation fees typically range from A$100 to A$300 depending on the language.

The court will accept overseas marriages as valid provided the marriage is recognised under Australian law and you meet the standard jurisdictional requirements (citizenship, domicile, or 12 months habitual residence).

Practical Impact on Your Timeline

The counselling requirement does not significantly delay the process if you plan ahead. Schedule the counselling session during your 12-month separation period so the certificate is ready when you file. The session itself typically takes one to two hours.

If you need an exemption, the affidavit preparation adds a day or two of work, and the court may take additional time to review it before listing your hearing.

The ACT Divorce Filing Process Guide includes an eligibility self-check worksheet that flags the under-two-year requirement early, so you can arrange the counselling session well before your filing date.

See more Australian Capital Territory guides →