Divorce and separation is one of the most significant decisions you will make. We are here to make sure you understand your position clearly and move forward with confidence.
In Australia, divorce and separation are two distinct legal events. Understanding the difference matters from day one.
Separation begins when at least one person treats the relationship as over. No formal process is required. But the date of separation is critical.
It determines property settlement deadlines, divorce eligibility, and other legal timeframes. If you are living under the same roof but separated, the law recognises this. We advise on how to document it correctly from the outset.
Divorce is the formal legal end of a marriage. You must have been separated for at least 12 months before applying.
Importantly, divorce resolves only the legal end of the marriage. It does not address parenting or property. Those are separate processes with their own timeframes. If you finalise your divorce before progressing your property settlement, you may find yourself time-limited. We strongly recommend addressing property matters alongside or before your divorce application.
De facto couples have broadly the same rights as married couples under Australian family law. The key difference: you have only two years from separation to apply for property settlement. Early advice matters.
Before you take any steps, we help you understand your position clearly. Your first consultation covers your rights, your obligations, and the practical options available to you.
Many clients come to us simply to understand what is possible before deciding how to proceed. That is exactly what the first consultation is for.
We manage the divorce application on your behalf, whether you are applying jointly or as a sole applicant. All requirements are met, paperwork filed correctly, and each step explained before it happens.
For most straightforward applications, you will not need to attend court. We also advise on timing your application to protect your property and parenting rights.
A separation agreement records the arrangements you and your partner have reached informally. It is not legally binding on its own, but it provides a clear written record covering finances, parenting, and property.
It can be formalised into consent orders later. We draft agreements that are precise and built to last.
Separation rarely involves just one issue. We help you address all connected matters together, ensuring parenting, financial disclosure, and property settlement progress in the right order. This protects your position at every stage.
Separation is the moment you stop living as a couple. It needs no paperwork and no court. Divorce is the legal end of the marriage, and you can only apply after twelve months of separation. Property and parenting are settled separately from both. Village Family Lawyers handles all three.
No. Australia has no legal separation status and nothing to file. You are separated from the day one of you decides the relationship is over and acts on it. What matters is evidence of that date, because it starts the clock on divorce and property time limits. We help you establish it.
Broadly the same as a married couple. De facto partners in Victoria can claim property settlement, superannuation splitting and spousal maintenance under the Family Law Act, usually after two years together or where there is a child. The time limit is two years from separation, not twelve months. We act for de facto partners as often as married ones.
Start with full financial disclosure and independent advice, then negotiate – usually through mediation rather than court. Amicable does not mean informal: whatever you agree still needs formalising by consent orders or a binding financial agreement to be enforceable. Around 90% of matters we support through mediation resolve without court.
No. A lawyer acting for both parties has a conflict of interest and cannot advise either properly, even when you agree on everything. The usual path is one lawyer each, negotiating through mediation – which keeps the process cooperative without leaving either of you unadvised. Village Family Lawyers acts for one of you.
You stay legally married, which affects your will, superannuation death benefits and next of kin. Property settlement remains open – the twelve-month limit runs from the divorce order, so it never starts. That sounds safe, but asset values shift, and evidence fades. Our LIV Accredited Family Law Specialists advise on timing.
Here is what to expect when you book with Village Family Lawyers in Mount Eliza or Malvern.
Use our online booking form or call 1300 413 997. Choose in person at Mount Eliza or Malvern, or secure phone or video.
A calm, guided conversation in plain English. Your lawyer will listen to your situation and explain your rights and options clearly.
You leave with practical next steps tailored to your situation, protecting your family, your finances, and your future.
Mornington Peninsula and Bayside clients
Melbourne inner east and citywide clients
Discovery Calls are made over the telephone and all other consultations are available via a secure online video call.
All consultations available in person or by phone and secure video. Three ways to connect:
Not sure yet? Book a free 15-minute Discovery Call.
Free
15 min
Initial Consultation
90 min
Pre-mediation conference
90 min
Twelve months minimum. If you have children under 18, the court must also be satisfied that appropriate parenting arrangements are in place. We advise on both requirements at your first consultation.
Yes. This is called separation under one roof. The court considers evidence such as sleeping arrangements, shared finances, and how you present publicly. We advise on documenting this correctly to protect your legal position.
No. Divorce ends the legal marriage only. Parenting and property are entirely separate. You have 12 months from the date your divorce is finalised to apply for property settlement. Acting early is strongly recommended.
For most straightforward applications, no. We manage it on your behalf. Complex situations may require attendance, but these are the exception.
We recommend mediation before court proceedings in almost all cases. With two Nationally Accredited Mediators on our team, our clients are better prepared for mediation and consistently reach better outcomes than those who go straight to litigation.
