have you been married less than two years?
if it is less than 2 years between the date of marriage and the date of filing the application, then there is a requirement that you and your ex partner attend counselling to show that you have considered reconciliation.
The counsellor will provide you with the Counselling Certificate for Applicants married less than 2 years (signed by an approved mediation or counselling agency) to show you have attended counselling or mediation in compliance with this requirement. If there are special circumstances that make mediation impossible or inappropriate, you need to advise the court as and seek that this requirement be dispensed with.
If you are not prepared to attend counselling sessions with your spouse, you will need the Court’s permission for filing an application for divorce. You can seek this permission by lodging an affidavit at the time of your divorce application.
An affidavit is a statement in writing which has been prepared by the one seeking the divorce. It is the primary method used to present facts about a case to the Court. You have to swear or affirm the contents of the affidavit in the presence of a person who has the authority to witness affidavits. This could be a lawyer or a Justice of the Peace.
In the affidavit it is necessary to provide an explanation for not having attending counselling sessions with your spouse. It could be due, for example, to your spouse no longer residing in the area and is unable to be contacted or he or she may not want to attend counselling sessions. A history of violence in the relationship could prevent both partners from attending the sessions.
It will be necessary to attend court if you are the sole applicant or if a child under 18 years is involved. Otherwise you prepare an affidavit which you lodge with the Court and the decision is made in your absence.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.