When granting a divorce, the Court must be satisfied that the relationship is irretrievably broken down and that there is little or no chance of reconciliation. Whilst you will not be forced to attend counselling, if you have been married for less than two years then a certificate from a counsellor should be lodged with the divorce application showing that you and your spouse have considered reconciliation with the help of a counsellor. In some cases the need for a counsellors’ involvement may be waived by the Court.
If you and your spouse elect to use the collaborative law approach to divorce, the services of a counsellor will be available to you during the process to help you reach an agreement on the issues concerning your separation if required.
From 1 July 2007, it is compulsory for anyone filing a new application relating to children to file a certificate with the application stating they have attempted family dispute resolution to try to resolve the issues. There are only limited circumstances where an application can be filed without a certificate.
It is important to remember that counselling can play a valuable role in helping couples, and families, through the marriage or relationship breakdown. At Karen L Haga & Associates we can provide details of counsellors and other support services that may be of assistance if you wish.