Step 1: Separation
You don’t need to formalise your separation right away, but you must be genuinely separated for 12 months before applying for divorce. This can include living apart or under the same roof with a clear intent to end the relationship.
Tip: Keep records of your separation, such as changes to living arrangements or finances, as they may be required later. It’s also helpful to note significant dates (e.g., when you informed your partner, when living arrangements changed) to create a clear timeline if needed later in legal proceedings.
Step 2: Get Legal Advice Early
Before applying for divorce, it’s a good idea to speak with a family lawyer, as property settlements, parenting plans and your will can all be affected.
In fact, we almost always recommend finalising property division before filing for divorce, as this helps avoid the risk of missing the 12 month deadline for property settlements after divorce is granted. We do this to protect your best interests by addressing these matters early, reducing the stress of last minute decisions and ensuring a smoother, more predictable process.
Tip: Our experienced family law team can guide you through the process from the very beginning. We’ll help you assess your rights and obligations under Australian family law, ensuring you’re prepared for both immediate decisions and long-term outcomes.
Step 3: Apply for Divorce
Once you’ve been separated for 12 months, you can apply for divorce through the Federal Circuit and Family Court of Australia. This step includes:
- Completing and lodging the necessary forms
- Paying the filing fee
- Serving divorce papers to your former partner
Tip: Let us handle the paperwork and process for you. We can prepare, file, serve and appear on your behalf, making the process smoother and less stressful. If there are children under 18, the court will also consider appropriate parenting arrangements as part of the divorce process. Our team can help you prepare and present this information clearly.
Step 4: Be Aware of Deadlines
Once your divorce is finalised, you have 12 months to apply for a property settlement. After this, you may need special permission from the court, which can cause delays and complications.
Tip: Our team can help you navigate these deadlines and ensure your interests are fully protected. If you and your former partner agree on property arrangements, we can help formalise this agreement through consent orders or a binding financial agreement to ensure legal protection.
Step 5: Update Your Will
A divorce automatically removes your former spouse from your will. It’s important to update your estate plan to reflect your new circumstances and ensure your wishes are honoured.
Tip: We can help you review and update your will to ensure your plans are clear and enforceable. In addition to your will, we can review and update other important documents such as enduring powers of attorney or superannuation nominations.
Final Considerations
Separation is a significant life change, but you don’t have to go through it alone. At Carroll Goldsmith Lawyers, we provide:
- Clear and practical advice on early property settlements, parenting arrangements and other important matters – with your best interests in mind.
- Support at every stage of the process.
- Confidence that your legal and financial future is in safe hands.
Contact our family law team today to take the next step with clarity and peace of mind.