Immediate Steps
- Note the date of separation — you need 12 months of separation before you can apply for divorce. You can be separated under the same roof if you can prove it.
- Notify Centrelink — your payment rates change when you separate (often increase for the lower earner). Update within 14 days.
- Separate finances — open individual bank accounts, redirect your pay, cancel joint credit cards
- Get legal advice — a family lawyer can advise on property, custody, and your rights. Many offer a free initial consultation. Legal Aid NSW may help if you can't afford a lawyer.
- Consider mediation — Family Dispute Resolution is required before going to court for parenting matters (except in cases of family violence)
Property Settlement
You have 12 months after divorce (or 2 years after separation for de facto couples) to reach a property settlement. This covers everything: house, super, savings, investments, debts. Super splitting is possible through a court order or binding financial agreement.
Children
Parenting arrangements (custody) can be agreed between parents or ordered by the Federal Circuit and Family Court. The court's priority is the best interests of the child. Most arrangements are settled through mediation without going to court.
Financial Changes After Separation
- You may now be eligible for single-rate Centrelink payments (JobSeeker, Parenting Payment Single)
- Your Medicare Levy Surcharge threshold drops to $93,000 (single) instead of $186,000 (family)
- Child Support is calculated by Services Australia based on both parents' incomes
- Update your super binding death benefit nomination
- Update your will — your ex is likely still named as beneficiary
Frequently Asked Questions
How long does divorce take?
You must be separated for 12 months before applying. The divorce application process then takes about 4 months. Property settlement is separate and can take longer.
Do I need a lawyer?
Not legally, but it's strongly recommended for property settlement and complex parenting matters. Many family lawyers offer a free initial consultation. Legal Aid NSW may help if you qualify.
How is property divided?
There's no automatic 50/50 split. The court considers: financial contributions, non-financial contributions (homemaking, parenting), future needs (income capacity, health, care of children), and whether the split is just and equitable.