Separation Lawyers Gold Coast
Separation changes everything: your finances, your living arrangements, your family dynamic. Collective Family Law Group helps Queensland families work through property settlements, parenting arrangements and divorce with clear, practical advice, so you know where you stand and what comes next.
How divorce works in Australia
Divorce in Australia is “no-fault”. You don’t need to prove anyone did anything wrong. The only ground is that the marriage has broken down irretrievably (Family Law Act 1975 (Cth), s 48). For a full walkthrough of the process, see our step-by-step guide to getting a divorce.
The 12-month rule. You and your spouse must have lived separately and apart for at least 12 months and 1 day before you can apply.
Separation under one roof. You can be separated while still living in the same home. If you are, you’ll need to file extra evidence, including affidavits, to show the marriage has ended (s 49).
Who can apply? You can apply on your own (a sole application) or together (a joint application). At least one of you must be an Australian citizen, or be lawfully in Australia, intend to keep living here, and have lived here for the last 12 months.
Married for less than two years? The process is now the same. Since 10 June 2025, the special requirement for short marriages no longer applies.
Could the court refuse? The court won’t grant a divorce if there is a reasonable likelihood you and your spouse will resume living together as a couple (s 48(3)).
When does it take effect? A divorce order takes effect one month and one day after it is granted (s 55).
What Our Clients Say About Us
Divorce doesn’t settle property or parenting
A divorce order ends the marriage and nothing more. It doesn’t divide your assets or decide where your children live.
Time limits matter. If you want court orders about property or spousal maintenance, you generally must apply within 12 months after the divorce order takes effect (s 44(3)). For de facto couples, the time limit is generally 2 years from the end of the relationship (s 44(5)). The court can sometimes allow an application out of time, but you shouldn’t count on it. Getting advice early protects your options.
Meet Some Of Our Family Lawyers
Dannielle Young
Hayder Shkara
Ivy Lawrence
Separation: know what you’re entitled to
De facto relationships. A de facto relationship is a genuine domestic relationship between two people living together as a couple, whether same-sex or opposite-sex (s 4AA). If it ends, you may be able to seek a property settlement and, in some cases, spousal maintenance under Part VIIIAB, subject to threshold requirements.
Property settlements. Married or de facto, you may be entitled to a share even if an asset is only in your former partner’s name. The court looks at what each of you contributed, your current and future circumstances, and whether the outcome is just and equitable (s 79 for married couples; s 90SM for de facto couples). Our comprehensive guide to property settlements explains how it works in practice.
If you have children, we’ll help you reach arrangements that work for your family, whether by agreement or through parenting orders. Australian law puts the child’s best interests first, including who the child lives with and spends time with, and who holds parental responsibility.
Mediation comes first. Before applying to court for parenting orders, you generally need a section 60I certificate from a family dispute resolution practitioner, which you can arrange through family mediation. Exemptions apply for family violence, child abuse or risk of either, and urgency. For applications filed from 10 June 2025, you need either the certificate or a valid exemption before you can file.
What’s changed in family law
Recent reforms affect almost every separation. Here’s what they mean for you.
- Parenting (from 6 May 2024). The presumption of equal shared parental responsibility has been repealed. Courts decide based on the child’s best interests, applying the factors in section 60CC. They are no longer required to consider equal time or “substantial and significant” time (Family Law Amendment Act 2023).
- Property (from 10 June 2025). The Act now sets out a four-step process, and any order must be just and equitable. Family violence (including economic or financial abuse), wastage, liabilities and housing needs are express considerations. The duty to disclose all relevant financial information is written into the Act (s 71B), and the court can make orders about companion animals such as pets (Family Law Amendment Act 2024).
- Divorce (from 10 June 2025). The counselling or leave-of-court requirement for marriages under two years has been removed (Family Law Amendment Act 2024).
Our Recent Articles
The Family Violence Cross-Examination Ban: What It Means for Your Gold Coast Hearing
If you are preparing for a family law hearing against a former partner who has been violent or controlling, one question usually comes first: will they be allowed to question
Can My Ex Take Our Child Overseas Without My Consent?
Parenting orders make it a crime to take a child out of Australia without consent. How to stop a trip, get permission for a holiday, and why the destination country matters.
Child Support Change of Assessment: The 10 Reasons You Can Apply
Child support change of assessment is the formal process by which a parent asks Services Australia to depart from the standard formula because it produces an unfair result. In my
Learn what steps you can take next.
Frequently Asked Questions
How long after separation can you get divorced in Australia?How long after separation can you get divorced in Australia?
You must have been separated for at least 12 months and 1 day before you can apply (s 48). This period shows the marriage has broken down irretrievably, and it applies however long you were married. You can be separated under the same roof if you can show the relationship has ended (s 49), though extra evidence is needed.
What is the process of separation in Australia?
- There’s no formal paperwork or court approval. Separation happens when at least one of you decides the relationship is over and acts on that decision, for example by moving out, stopping shared household roles or telling your partner (s 49). Write down your separation date, because it starts the 12-month clock for divorce.
What is the difference between divorce and separation?
Separation is when you stop living as a couple but remain legally married and cannot remarry. Divorce is the court order that legally ends the marriage and lets you remarry (ss 48, 59). Neither decides parenting or property, which are dealt with separately. Property applications generally must be made within 12 months after the divorce takes effect (s 44(3)).
Do I need to have been married for two years before I can divorce?
No. Since 10 June 2025, there’s no special requirement for marriages under two years. You still need to have been separated for at least 12 months and 1 day.
Can my spouse and I apply for divorce together?
Yes. You can make a sole or joint application through the Commonwealth Courts Portal using the same online application. In a joint application, you don’t need to serve documents on each other.
Is there a time limit for a property settlement after divorce?
Generally, yes: 12 months after the divorce order takes effect for married couples (s 44(3)), and 2 years from the end of the relationship for de facto couples (s 44(5)). The court can sometimes grant leave to apply late, so get advice as soon as possible.
Do we have to attend mediation before going to court about our children?
Generally, yes. You must file a section 60I certificate from a family dispute resolution practitioner unless an exemption applies, such as family violence, child abuse, risk of either, or urgency. The court can reject an application with neither a certificate nor an exemption.
Does family violence affect property and spousal maintenance outcomes?
- Yes. Since 10 June 2025, the court can consider the effect of family violence, including economic or financial abuse, on your contributions and on your current and future circumstances when deciding a property settlement. It can also consider it for spousal maintenance (s 4AB; ss 75, 79).
Is there a legal duty to disclose my finances?
Yes. The duty of disclosure is in the Act (s 71B; s 90RI for de facto couples). It applies when you’re preparing to start, or are in, a property proceeding, and continues until the matter is resolved. Failing to disclose can lead to costs orders or other consequences.