Divorce Application: Short Marriage Affidavit

LSP05

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Why might I need this?

If you wish to make an application for divorce within 24 months of the date of your marriage, you have two possible courses of action. Under the first, you attend counselling (your spouse is not required to attend) and discuss the possibility of reconciliation. Then you get a certificate from the counsellor that you have done so. That’s it.

The second method is to apply for the court’s permission for an early divorce without a counselling certificate by filing an affidavit with your divorce application that explains why you have not attended counselling, the reasons for that and any other special circumstances.

An affidavit is a sworn or affirmed statement of evidence to the court. It should be in your own words. But there are important legal technicalities involved in the form of the document itself, and in its contents. If you don’t succeed in obtaining the court’s permission for divorce in the absence of a counselling certificate, your application for divorce will be delayed until you have completed not only the mandatory 12 months separation period, but a full two-year period from the date of the marriage.

Service description

We listen to your story about the marriage, the separation, and the circumstances in which you have not been able to attend counselling, or that it is not advisable that you do so (for example, if there has been domestic violence).

Then we draft a technically and legally compliant short marriage affidavit that effectively conveys those facts to the court.

What benefits will I gain?

  • Understanding about the relevant law about separation and early divorce
  • One completed draft short marriage affidavit suitable for filing in court with the Application for Divorce, ready for you to execute and file
  • Potentially less delay at court for technical deficits in your documentation
  • Greater likelihood that the court will grant permission for a divorce

Service summary

We provide:

  • A 1-hour audio-visual or audio-only consultation with a Tribe family lawyer with you, receiving the statement of facts, providing legal advice and information, as appropriate, for your needs
  • A complete editable draft short marriage affidavit, ready for your review, execution and submitting with your Application for Divorce

Your responsibilities:

  • Provide any additional documentation to be annexed to the affidavit
  • Print, arrange to sign and upload and submit the signed affidavit with your Application for Divorce

Fees

$650