A divorce legally ends a marriage, but it does not resolve property, financial or parenting arrangements. A property settlement is the legal process of dividing all of our assets, liabilities and superannuation after your marriage or de facto relationship breaks down.

The requirement to be separated for at least 12 months and one day applies to an application for divorce, not to a property settlement. You can negotiate and formalise a property settlement at any time after separation.

If you were married, you generally have 12 months from the date your divorce becomes final to apply to the Court for property settlement or spousal maintenance orders. If you were in a de facto relationship, the usual time limit is two years from the date of separation.

An application may still be possible after the relevant deadline, but the Court’s permission is required. Our family lawyers can advise you about the time limits that apply to your circumstances.

Not necessarily. Many separating couples resolve their parenting and financial matters without contested Court proceedings. This may occur through direct discussions, lawyer-assisted negotiations, mediation, or another form of dispute resolution.

Before commencing parenting proceedings, parties are generally required to attempt family dispute resolution and obtain a certificate, although exceptions apply - for example, where there are concerns about family violence, child abuse or urgency.

Parties to financial proceedings are also generally expected to comply with pre-action procedures, including exchanging relevant financial information and making a genuine attempt to resolve the dispute.

Our team can recommend a practical pathway for resolving your matter and, where appropriate, help you avoid the cost and stress of litigation.

Under Australian family law, the Court’s paramount consideration is the best interests of the child. There is no automatic rule that children must spend equal time with each parent.

The arrangements appropriate for each family will depend on the children’s individual circumstances, including their safety, developmental needs, views, relationships and each caregiver’s capacity to meet their needs.

A useful first step is to arrange an initial consultation with our office. We can explain the legal implications of separation, identify any urgent issues or relevant time limits, and help you understand your rights, responsibilities and available options.

Depending on your circumstances, the next steps may include gathering financial documents, obtaining valuations, considering interim parenting arrangements, negotiating with your former partner or attending mediation. Our focus is on helping clients reach practical, timely and cost-effective outcomes while avoiding lengthy litigation where appropriate.

Reaching an agreement can be a faster and more cost-effective way to resolve your matter. However, the agreement should be properly documented to provide clarity, enforceability and, where relevant, financial finality.

Parenting arrangements may be recorded in a parenting plan or formalised through consent orders. A parenting plan is not enforceable in the same way as a Court order, although the Court may consider it in any later proceedings.

Property and financial agreements are commonly formalised through consent orders or a binding financial agreement. Different legal and procedural requirements apply to each option. In particular, each party entering into a binding financial agreement must receive independent legal advice.

Our team can advise on the most appropriate documents for your circumstances and assist with preparing and finalising them.