Can You Divorce Before Two Years of Marriage?

What is the two-year rule?

Section 50(1) of the Law Reform (Marriage and Divorce) Act 1976 says no divorce petition can be filed until two years have passed since the date of the marriage. This applies to both a single petition and a joint petition.

The two years run from the date of marriage, not from when you separated. Even if you have lived apart for months, the count starts on your wedding date.

The aim is to give a marriage a fair chance and leave room for reconciliation.

Is there an exception?

Yes. Under Section 50(2), a judge may allow you to file earlier if your case involves exceptional circumstances or hardship suffered by you, the person filing.

The bar is high. Ordinary arguments, incompatibility or unhappiness are unlikely to be enough.

When deciding, the judge must consider the interests of any children and whether there is a reasonable chance you could reconcile within the two years.

How do you ask for permission?

You file an application with the court, supported by an affidavit (a sworn written statement) setting out the facts and your evidence. The judge then decides whether to let you file early.

What might count as exceptional hardship?

The Act does not define it, so it is up to the judge. Serious domestic violence, threats to your physical safety and severe psychological harm are the kinds of facts that may be weighed.

Money problems alone are generally not enough. Medical reports, police reports and protection orders can strengthen your application.

Each case turns on its own facts. A family lawyer can tell you whether your situation is likely to meet the bar.

Can events before the two years still be used?

Yes. Section 50(3) makes clear that once you can file, your petition may rely on things that happened during the first two years. So keep a record of incidents as they happen.

What can you do while you wait?

• Get advice on your rights about living apart, money and children. You do not need a court order to live separately.
• Gather documents: your marriage certificate, children’s birth certificates, financial records and evidence for your grounds for divorce.
• If you both agree the marriage is over, discuss terms for a joint petition now, so you can file quickly once the two years pass.

If your safety is at risk, do not wait. Ask a lawyer about applying for permission straight away.

Looking to engage a divorce lawyer? If you have been married less than two years and are unsure whether your situation could justify an early petition, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.