The 2 years are calculated from the date of the marriage to the date of applying to the Court.

If you have been married less than 2 years then you must either:

• Attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse and ask the counsellor to complete a counselling certificate that states he or she has discussed the possibility of reconciliation with you and your spouse.

OR

• Seek permission of the Court to apply. You do this by filing an affidavit with your divorce application. The affidavit would explain why you and your spouse have not attended counselling such as your inability to locate your spouse; their refusal to attend counselling; or why it is not safe to attend counselling with your spouse (where there has been a history of violence and abuse).

Contact Fabian Horton if you need more information or help with preparing an affidavit.