Divorce and separation
Divorce and separation are two different things, and the difference costs people money. Separation is the day the relationship ended. Divorce is a court order that formally ends the marriage, and it is the smaller of the two events.
A divorce does not divide your property, does not deal with superannuation, and does not decide anything about your children. Those are separate processes, and the divorce actually starts a clock on one of them.
What we help with
Situations we act in
We are commonly asked to help with:
- Applying for a divorce, on your own or jointly with your former spouse
- Proving separation where you have continued to live in the same house
- Divorce where your former spouse cannot be found or will not respond
- Working out what separation means for the mortgage, the bills and the bank accounts
- Advice on what to do first when you have just separated
- Responding to a divorce application you have been served with
- Separations where there are no children and a short relationship
- De facto separations, where there is no divorce to apply for but the same financial questions arise
How we approach it
How Ben and Troy run a divorce and separation matter
Most divorce applications are straightforward. The advice around them is what matters.
- The divorce is rarely the urgent part
- People often arrive wanting a divorce and needing a property settlement. You can sort out property and parenting arrangements without ever applying for a divorce, and you can apply for a divorce years later. We will tell you which order makes sense for you.
- The date of separation is a fact, and it matters
- It sets the 12 month period for a divorce and it is often relevant to a property matter. Where the date is disputed, or where you continued living together afterwards, it needs to be established properly rather than asserted.
- We flag the 12 month clock before it starts running
- Once a divorce order takes effect you have 12 months to apply to the court for a property settlement or spousal maintenance. People who divorce first and deal with property later sometimes discover the deadline after it has passed, and then need the court’s permission just to be heard.
- A short marriage is no longer a different process
- Until 10 June 2025 a couple married less than two years had to file a counselling certificate with their divorce application. That requirement has been removed and everyone now follows the same process. A great deal of published advice has not caught up.
Typical process
What usually happens, step by step
Every matter differs, but the shape is usually this.
- 01
Advice on what actually needs doing
We work out whether a divorce is the priority at all, what the position is on property and children, and what should be dealt with first.
- 02
Confirming you are eligible
You need 12 months of separation, an irretrievable breakdown, and a connection to Australia through citizenship, domicile or ordinary residence. If you separated while living under the same roof, that is provable, and it needs affidavit evidence from you and from someone else.
- 03
The application
A joint application avoids service entirely and is usually simpler. A sole application has to be served on your former spouse, and there are options where they cannot be located.
- 04
The hearing and the order
Many divorces are decided without anyone attending. The order takes effect one month and one day after it is made, and that is the day the 12 month property clock starts.
Questions
Common questions
Do I need a lawyer to get divorced?
Can I get divorced if we still live in the same house?
We were married less than two years. Is it harder?
Does a divorce sort out our property?
Do I have to wait 12 months before doing anything?
What if I cannot find my former spouse?
We were never married. Does any of this apply?
Who acts for you
Ben Vincent
Family lawyer and co-founder
Accredited Specialist in Family Law
Ben@vincentbroussard.com.auFull profile
Related
- Property settlementsDividing property, superannuation and debt, and working out what a fair split looks like.
- Parenting and childrenWhere the children live, how time is shared, and what happens when you cannot agree.
- Child support and spousal maintenanceAssessments, private agreements, and what to do when circumstances change.
Reviewed by Ben Vincent on .
This page is general information about family law in Victoria. It is not legal advice and it does not take your circumstances into account. Speak with a family lawyer before acting on it.