The following 12 steps are what we recommend you do when you first separate. This will make things easier and clearer now and later on.

Along with these steps there are also some very important financial, property, insurance and health steps as well as steps that should be taken with children and extended family. For the full list of all these steps download our 51 point separation checklist by clicking the button below.

There is no set way in which to separate. In saying that there are certain stages and tasks in the separation process that you may have to complete depending on your circumstances. For example, if you have children under the age of 18 you may need to complete a parenting arrangement. If necessary you may also need to apply for child support.

On the other hand, if you were in a de facto relationship there are certain stages you do not have to complete such as applying for a divorce. Since you were never married there is no need for you to get a divorce. However, you may still wish to do a property settlement and apply for spousal maintenance if you are eligible to do so. 

The following separation process is just one of the ways in which you can undertake your separation. For many this is the most logical order to complete these stages, however this may be different for you depending on various factors such as how long you have been separated and if things are amicable.  

It's really important to note that divorce is different from a property settlement. A divorce is going to legally end your marriage. A property settlement is going to determine how your property, assets and debts are divided.

In order to get a divorce you first must be eligible to get a divorce in Australia (see below question). Then you must submit an application for divorce to the court. This is a 5 step process:

Once you have completed those steps, the divorce order will come into effect one month and one day after it is made. That is, one month and one day after the hearing date so you can't legally remarry until such time as that order has come into effect.

To be eligible for a divorce you must meet the following 4 point criteria:

A joint application. This is where you and your former spouse will do it together.

A solo application. This is where just you, yourself, sign and file that application.

We always recommend to try a joint application first. This is because of the three extra steps that are involved when doing a sole application. 

A joint application is:

You will have to go to court to get a divorce if you are doing a sole application or have children under the age of 18.

You do NOT have to go to court to get a divorce if you are doing a joint application and do not have children under the age of 18.

No you do not need a lawyer, you can complete the divorce application process yourself by completing the following 5 step process.

For full details on the application process download our how to get a divorce guide below.

Determining who gets what after a marriage or de facto relationship breakdown is no simple task. In fact, doing a property settlement is one of the biggest and most complex tasks you may need to do when separating. It's also one of the biggest financial decisions you'll make in your life.

The following 8 steps is a basic overview of the property settlement process:

It's really important to note that divorce is different from a property settlement. A divorce is going to legally end your marriage. A property settlement is going to determine how your property, assets and debts are divided.

Figuring out your share of the property pool is a four part process:

If you can't agree on a deal then you will have to go to court. 

It's no secret that going to Court can take time. So, once you are in the court system, it's generally not the quickest of processes. 

After having your initial court date, you can sometimes wait up to 18 months to two years for a final trial date. Unfortunately, that time frame is not unusual. 

In saying that, despite the delays associated with the Courts, Court is still a very useful tool to resolve matters, even before they get to a final trial. 

All the time we see people disagree on what assets are included in the property pool and what each asset is worth. When this process begins to become drawn out that's when court can become useful. The Court will make orders to resolve those disputes at an early stage.

If someone is refusing to value something or is refusing to disclose their assets to you then you can use the court to speed up this process. You can issue subpoenas once you are in the Court system so you can find assets that have not been disclosed. The court can make orders for the valuation of certain assets. So, the court can be a very useful tool, and more often than not, it can speed the process up in situations such as these.

If you and your former spouse do not agree on how to divide things, then you'll need to apply to the Court for a property settlement. This is where the Court makes a set of orders relating to the division of property, assets and debts. It can also include orders about spousal maintenance. 

To apply for a property settlement in the Federal Circuit Court, you must:

If you and your former spouse agree on how your assets and debts will be divided, then it is just a matter of finalising your agreement. 

To finalise your agreement you have two options:

In the early stages of completing a property settlement, both you and your former partner have a duty to disclose you assets, debts and financial resources to the other party. What this means is that the information on what your partner owns should come freely. However, this is not always the case. 

Although most people are pretty honest, proceeding with caution is definitely a smart idea when going through a divorce or separation.

If you suspect that your former partner full disclosure has not been made then you can subponia the revelant people and institutions to essentially go around your former partner to get the information. For example, if you believe your former partner holds an account at the Commonwealth Bank that they have not disclosed to you then you can subponea the bank to give you information about any accounts your former partner has with them (if any). 

Before you go around issuing subponeas it's important to identify where (and with whom) assets may be hidden. Below is 8 ways in which former partner can hide assets:

If you are in a situation where your former partner is attempting to sell your family home or an investment property without you, there are 5 things you will need to do to stop/gain control over the sale:

If you found out your former partner was trying to wind up a company or trying to transfer all the assets out of the company into another company, the biggest obstacle will likely be the disclosure of everything.

If you're not a director of the company or if you have no actual involvement in the day-to-day running of the company, you may not be entitled to certain documents and information. The accountant may not be willing to talk to you or provide you with any relevant documents.

So in this situation where there is no cooperation from your former partner, the first step, may be to make an urgent application to the Court to seek injunctions prohibiting the transfer or sale of assets or the winding up of a company.

No, you do not have to go to Court to get a property settlement. 

To avoid going to Court you first must reach an agreement between yourselves on how you would like to split the property pool. Then it's simply a matter of finalising this agreement through a binding financial agreement rather than a consent order. A consent order requires you to apply to the Court to finalise your agreement. On the other hand, a binding financial agreement does not require any court involvement but instead for you to both receive independent legal and financial advice. This is so you are aware of the legal and financial impacts of your agreement before it becomes binding.

If you cannot reach an agreement on how to split things between yourselves then you will have to go to Court. 

In most cases it is usually cheaper, quicker and less stressful if you can reach an agreement without going to Court. 

Coming soon.