Separation is a difficult time. Understanding your legal rights early can help you make better decisions about property, children, and your financial future. As family lawyers in Frankston, we guide clients through the separation and divorce process across Melbourne and the Mornington Peninsula.
Separation vs Divorce
In Australia, separation and divorce are two different legal steps. Separation occurs when one or both parties decide the relationship has ended — you do not need to file any documents to be legally separated, and you can be separated while still living under the same roof. Divorce is the formal legal dissolution of the marriage, which can only be applied for after 12 months of separation.
You do not need to be divorced to reach a property settlement or parenting arrangement. In fact, it is often advisable to resolve property and parenting matters as soon as practicable after separation, rather than waiting for the divorce to be finalised.
Property Settlement After Separation
The Family Law Act 1975 (Cth) governs the division of property after separation. The court considers four key steps when determining a property settlement:
- Identify the asset pool — all assets, liabilities, superannuation, and financial resources of both parties.
- Assess contributions — financial contributions (income, assets brought into the relationship), non-financial contributions (renovations, business efforts), and contributions as a homemaker or parent.
- Future needs — factors such as age, health, earning capacity, care of children, and the length of the relationship.
- Just and equitable — the court must be satisfied that the proposed division is fair in all the circumstances.
Property settlements can be formalised through consent orders (filed with the Federal Circuit and Family Court of Australia) or through a binding financial agreement. We strongly recommend obtaining legal advice before agreeing to any division of property.
Parenting Arrangements
Where children are involved, parents need to agree on who the children will live with, how much time they will spend with each parent, and who will make major decisions about their education, health, and religion. The paramount consideration is always the best interests of the child.
Parenting arrangements can be documented in a parenting plan (informal, flexible) or formalised through consent orders or a court order. If parents cannot agree, the court may make orders after considering the child’s relationship with each parent, the practical arrangements, and any risk of harm.
Time Limits
There are strict time limits for property settlement claims. Married couples must file within 12 months of the divorce becoming final. De facto couples must file within 2 years of separation. If you miss these deadlines, you will need the court’s permission to proceed, which is not guaranteed.
How We Can Help
Professional Edge Lawyers provides practical, cost-effective family law advice from our Frankston office. Whether you need help with a property settlement, parenting arrangement, or divorce application, we focus on achieving the best outcome without unnecessary conflict. Contact us on 1800 776 529 for a confidential discussion.
