The moment you decide your marriage is over — or the moment that decision is made for you — the questions come all at once. What happens to the house? Will I lose access to the business account? What do I tell the children? What am I actually entitled to? You are being asked to make some of the most consequential decisions of your life at the moment you are least equipped to make them. That is exactly when you need a clear, honest legal voice in your corner.
Separation and divorce are two different things. Separation is the point at which you and your spouse decide the marriage is over — it does not require a court order, and you can be legally separated while still living under the same roof (though this requires evidence). The date of separation is important because it triggers legal timelines for property settlement and parenting matters.
Divorce is the formal, court-granted end of the marriage. To apply for divorce in Australia, you must have been separated for at least 12 continuous months. Divorce is a separate process from property settlement and parenting arrangements — those matters can and should be dealt with after separation, not just after the divorce is finalised.
The critical point: do not wait. Property settlement time limits run from the date the divorce order takes effect (12 months for married couples). Waiting until divorce to address property and parenting can leave you with less time — and less leverage — than you need. Seek advice as early as possible after separation. This is general information only and is not legal advice.
You must have been separated for at least 12 continuous months before applying. Separation under the same roof is recognised but requires supporting evidence — statutory declarations, separate finances, witness statements.
You may apply alone (sole) or together (joint). For a sole application, the other party must be formally served. Joint applications are simpler if both parties agree to participate.
Applications are filed online through the Commonwealth Courts Portal (Federal Circuit and Family Court of Australia). For a sole application, you must serve your spouse at least 28 days before the hearing. Children's arrangements must be addressed.
The court makes the divorce order — usually without you attending. It takes effect one month and one day after being made. Then the 12-month clock for property proceedings starts. Act promptly.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
Understanding your property and parenting rights before you separate can significantly protect your position. We advise on timing, documentation and what to avoid doing in the early days.
We prepare your sole or joint divorce application in the correct form, manage filing and service, and ensure children's arrangement requirements are properly addressed so the application is not rejected.
Divorce is rarely just about the divorce. We advise on property settlement and parenting at the same time — so you never miss a critical legal timeline or leave a right unexercised.
We advise on urgent steps to protect jointly held assets, superannuation and business interests in the immediate aftermath of separation — before anything is dissipated or transferred.
The divorce application is processed by the court, but most applicants do not need to attend a hearing — particularly for joint applications or uncontested sole applications without children under 18. This is general information only.
A spouse cannot prevent a divorce after 12 months' separation. Either party can apply. The other party is served and can respond, but they cannot stop the divorce from being granted if the separation requirement is met. This is general information only.
Yes. Australian law recognises separation under one roof. You will need supporting evidence — statutory declarations, evidence of separate finances, separate sleeping arrangements, or statements from third parties confirming you were living as separated. This is general information only.
The divorce order does not resolve property or parenting — those are separate processes. Property settlement can commence immediately after separation. There is a 12-month deadline after divorce to commence property proceedings. Parenting arrangements can be formalised at any time. This is general information only.
Superannuation is property under the Family Law Act and can be split between parties as part of property settlement. A formal superannuation splitting order is required. It does not happen automatically on separation or divorce. This is general information only.
From filing, typically 2–4 months for the court to process. Add to that the 12 months of prior separation and the one month and one day before the order takes effect. Property and parenting matters run in parallel and may resolve faster or slower. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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