What changed on 10 June 2025
The old section 44(1B) required applicants married less than two years to have attended counselling to consider reconciliation and file a certificate, or seek the Court's leave in special circumstances. That section no longer applies. If you read older articles (or the Court's older forms) mentioning counselling certificates, they're out of date.
What still applies
You must have been separated for at least 12 months. Because you can't be separated 12 months before you've been married for at least 12 months, the shortest possible marriage at the date of filing is a little over a year. Everything else — the Australian connection, the marriage certificate, children's arrangements — is the same as for any divorce.
Example
Married 1 March 2025, separated 1 June 2025: you can file from 2 June 2026, at which point you've been married about 15 months. No counselling, no permission, no extra fee.
What if we want counselling anyway?
That's entirely up to you, and it has no effect on the divorce. Relationships Australia and Family Relationship Centres offer low-cost services if it would help.
or call 1800 976 214
Two minutes · no obligation · a lawyer confirms everything before anything is filed