Special Requirements to apply for a divorce if you have been married for less than two years

If you have been married for less than 2 years when you file your Application for Divorce, you need to address one of the following options:

1. Attend counselling with a family counsellor:

In this step, you and your spouse will meet with a family counsellor to discuss the possibility of reconciling your relationship. After the counselling sessions, the counsellor will provide a counselling certificate that confirms that both spouses discussed the possibility of reconciliation.

2. Seek permission from the Court:

If you haven’t attended counselling or if counselling is not possible due to special circumstances, you can apply for permission from the Court to proceed with the divorce. This is done by submitting an affidavit with your Divorce Application, explaining the reasons why counselling did not occur. Special circumstances could include instances of domestic violence or the inability to locate your spouse.

It’s important to address one of these options if your marriage has lasted less than 2 years at the time of filing the divorce application. These requirements are in place to ensure that appropriate steps are taken to explore the possibility of reconciliation before finalising the divorce.