Your Guide To A Simple Separation
Whether you’re just getting started, or about to finalise, separation and divorce can be overwhelming. In this guide, we’ll address the most frequently asked questions and other common topics so you can feel confident in embarking on a simpler separation journey.
What’s the difference between a separation and a divorce in Australia?
In Australia, separation and divorce are two completely different legal concepts. Many people think they happen at the same time, but they don't.
This distinction is one of the biggest sources of confusion for separating couples. Many people believe they need a divorce before they can divide their property, but in Australia, that's generally not the case. In fact, resolving the financial settlement first is often the more practical approach.
DIVORCE
A divorce is simply the legal process of ending a marriage. To apply for a divorce in Australia:
You must have been separated for at least 12 months.
Australia has a no-fault divorce system, meaning the Court doesn't consider who caused the marriage to end.
You can apply jointly or individually.
Importantly, a divorce only ends the marriage. It does not:
divide your property,
determine parenting arrangements,
decide child support, or
finalise financial matters.
These issues must be dealt with separately.
If you were in a de facto relationship, you cannot apply for a divorce because you weren't married.
SEPARATION
You are considered separated when at least one person decides the relationship has ended and communicates that decision, even if you continue living in the same home.
After separation, you may need to deal with:
Property settlement
Parenting arrangements
Child support
Spousal maintenance
Updating your will and superannuation beneficiaries
You do not need to be divorced before resolving these issues.
If you were in a de facto relationship, you can still apply for a property settlement and parenting orders if you meet the legal requirements.
Generally, Court proceedings for a property settlement must be started within 2 years of separation if no agreement has been reached.
A Simple Example Timeline
January 2026:
You separate. You negotiate and formalise your property settlement and parenting arrangements over the next few months.
January 2027
You've been separated for 12 months and can apply for a divorce.
February/March 2027
Your divorce becomes final, officially ending your marriage.
The key takeaway is that separation ends the relationship and divorce ends the marriage.
Property settlement and parenting arrangements are separate legal processes that can be completed before, during, or after a divorce.
Am I ready for a separation?
Feeling unsure or confused about whether you're ready to separate is normal and can be daunting.
At Simple Separation we're here to provide direction to where you can start.
01
DO YOUR RESEARCH
Not all couples’ situations are the same.
If you and your partner can be civil, a JOINT APPLICATION is recommended.
The process involves the preparation of your Application for Divorce, ready for both parties of the marriage to sign. The team at Simple Separation work hard to ensure all the necessary information is gathered, and questions are answered correctly. The application, with all the relevant documents, is then lodged in Court, on your behalf.
If you and your partner are not able to cooperate well enough to file a joint application, a SOLE APPLICATION is made.
This process involves the preparation of your Application for Divorce, ready for the applicant to sign. The application, with relevant documents, is then lodged in Court, on your behalf. Depending on your circumstances, a sole application may require the need for Simple Separation to arrange a third party to serve the application on your former spouse.
02
SPEAK TO SOMEONE
It can be a huge relief to speak to a counsellor or psychologist about how you're feeling. A mental health professional can ensure you’re emotionally healthy before, during, and after the separation process. If you and your partner are on amicable terms, consider if you would like to attend counselling together or apart.
03
STOCKTAKE
If you can't speak to a mental health professional, consider speaking to a trusted friend or family member about how you're feeling. Take some time to make a list of healthy strategies for dealing with stress, frustration, demotivation, grief, or mental health concerns.
04
ORGANISE YOUR DOCUMENTATION
Make time to assess and make a list of your assets, liabilities, property, financial resources, and any financial contributions made by yourself and your partner. This is a good time to identify tangible and intangible property that could be involved in the separation, whether it's owned separately or together.
Be sure to have copies of any relevant documentation on file where you can access them. This can include: deeds, agreements, contracts, property, assets, liabilities, bank statements, your marriage certificate, loan repayments, income and expenses, superannuation statements, bills, and any intervention orders (if applicable).
This can be a good time to collate all the relevant documentation or request new files if they've been lost or damaged.
05
THINK ABOUT YOUR SEPARATION GOALS
Before consulting with your partner, consider what you envision for the separation. What do you want from the process? What do you want the final arrangement to look like? How would you like property to be divided? How would you like to organise the finances, living arrangements, and any other responsibilities?
This step can be especially helpful for those who are unsure about how their partner will react to the separation.
06
THINK ABOUT YOUR LIVING SITUATION
Being in close proximity during a separation can be the cause of undue tension and conflict. While living separately during a separation is not always achievable, it’s a good idea to consider options such as: moving to a different property you own, moving in with family or friends, purchasing a new property, or renting.
07
CREATE A NEW BUDGET
When you separate, it's important that you are financially independent from your partner. Consider how you will be affected by the division of assets and property between you and your partner, and how you can prepare now to make sure you can support yourself and any dependants. This is especially important to consider in as much detail as possible if you have children.
08
WRITE DOWN QUESTIONS YOU MIGHT HAVE
Take note of any questions you might need legal advice on, such as property division, living arrangements, child-care, or spousal maintenance. Writing down your questions for later is good practice to help reduce unnecessary worry about issues that create uncertainty for you.
09
TALK TO A SEPARATION SPECIALIST
Take some of the burden off by speaking to a professional about any questions and concerns you have. Our team at Simple Separation is made up of experienced mediators, and an independent panel of third-party family lawyers to provide you with the best information possible.
We’re equipped to be with you through the entire process. To begin book a free 30 minute consultation with us today.
Summary of the Divorce Process in Australia
A divorce is the formal court process that legally ends a marriage. Australia has no-fault divorce, so the Court does not decide who caused the relationship to end. The main requirement is that the marriage has broken down permanently.
01
BE SEPARATED FOR AT LEAST 12 MONTHS
You must have been separated for 12 months and one day before filing your divorce application, with no reasonable likelihood of reconciliation.
You can still be considered separated while living in the same home. However, if you lived together under one roof during the required separation period, additional affidavit evidence will generally be needed to explain how your relationship had ended despite sharing an address.
02
CHECK THAT YOU CAN APPLY IN AUSTRALIA
Generally, either you or your spouse must
be an Australian citizen;
regard Australia as your permanent home and intend to live here indefinitely; or
ordinarily live in Australia and have lived here for at least the 12 months immediately before filing
You will also usually need a copy of your marriage certificate. Documents not written in English must be translated and supported by the required affidavit.
03
CHOOSE A JOINT OR SOLE APPLICATION
You can apply:
Jointly: Both spouses complete and sign the application. The documents do not need to be formally served on either person.
Solely: One spouse applies without the other spouse joining the application. The other spouse does not need to agree to the divorce, but they must be formally served with the documents. The applicant cannot personally serve the documents.
A spouse generally cannot prevent the divorce simply because they do not want one, provided the legal requirements are satisfied.
04
PREPARE AND FILE THE APPLICATION
The Application for Divorce is generally completed and filed online through the Commonwealth Courts Portal, together with supporting documents such as
the marriage certificate;
the required signed affidavit for eFiling;
citizenship, residency or visa evidence where required;
affidavits about separation under one roof;
evidence about any periods of reconciliation; and
translated documents, where relevant
A court filing fee applies, although some people may qualify for a reduced fee based on eligibility or financial hardship.
05
SERVE THE APPLICATION IF IT IS A SOLE APPLICATION
For a sole application, the filed documents must be served on the other spouse within the Court’s required timeframe.
Someone other than the applicant must perform personal service. Evidence confirming service must then be filed with the Court. Different procedures may apply when the spouse is overseas, cannot be located or avoids service.
06
PROVIDE INFORMATION ABOUT CHILDREN
Where there are children under 18, the application must provide information about their:
living and care arrangements;
education;
health;
financial support; and
relationship and communication with each parent.
The Court must be satisfied that proper arrangements have been made for the children, or that there is another sufficient reason to grant the divorce. The divorce case itself does not create parenting orders or decide parenting disputes.
07
ATTEND THE DIVORCE HEARING IF REQUIRED
Not everyone must personally attend the hearing. Attendance may depend on whether the application is sole or joint, whether there are children under 18 and whether the Court requires further evidence.
Attendance is particularly advisable where additional affidavit material is needed, including cases involving separation under one roof or changes in circumstances after filing.
At the hearing, the Court considers whether:
it has jurisdiction;
the parties were validly married;
they have been separated for the required period;
service was completed correctly, where required;
there is no reasonable likelihood of reconciliation; and
appropriate information has been provided about children.
08
THE DIVORCE BECOMES FINAL
If the divorce is granted, it usually becomes final one month and one day after the hearing. The final divorce order can then be downloaded from the Commonwealth Courts Portal.
Who Gets What In A Separation or Divorce In Australia?
After a separation or divorce, you’re entitled to a share of the property pool between you and your partner. These can be arranged through property agreements and property settlements.
Property can include, but isn’t limited to:
• The family house
• Shared investment property
• The family car
• Bank accounts
• Shares & investment accounts
• Debts, eg. home loans and credit card debts • Superannuation
• Insurances
• Businesses and commercial property
• Furniture & household items
While this isn’t always split 50/50, the goal is to divide the assets and liabilities fairly between parties.
Who gets what can depend on many factors, including:
• What were the contributions of the parties at the start (and end) of the relationship?
• What were the financial AND non-financial contributions of the parties during the relationship? (eg. Income, domestic duties, primary carer, renovations, etc.)
• What was the length of the relationship?
• What is the health of involved parties?
• What is the income capacity of involved parties?
• Who might require more assistance in the future to provide adequate care for dependants?
Is Simple Separation Right For Me?
Book a free 30 minute consultation with us at Simple Separation today to find out why we provide one of the most affordable separation and divorce methods available.