What is Separation?
Separation occurs when at least one partner decides the relationship has ended and communicates that decision. There’s no form to fill in, no official record, and no need to attend court.
You can be separated and still living in the same house — this is called being “separated under one roof.” It often happens for financial or parenting reasons. Evidence such as separate finances, sleeping arrangements, or affidavits from friends or family may be required if you later need to prove separation to the court.
Separation matters because:
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- It starts the 12-month clock required before you can apply for divorce.
- It starts the time limits for property settlement in de facto relationships.
- It changes how Centrelink, child support, and taxation treat you.
You can read more about the separation process in Victoria here.
What is Divorce?
Divorce is the formal legal end of a marriage. In Australia, we have a “no fault” system. This means the only ground for divorce is that the marriage has broken down irretrievably, which is proven by being separated for at least 12 months.
The application is made to the Federal Circuit and Family Court of Australia. You can apply jointly, or one person can apply.
Important things to know about divorce:
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- You can apply while still sorting out property or parenting matters — they are separate legal processes.
- Divorce is necessary if you want to remarry.
- After divorce, you only have 12 months to commence property or spousal maintenance proceedings.
You can learn more on our dedicated Divorce and Separation page.
Divorce vs Separation: Key Differences
| Aspect | Separation | Divorce |
| What it means | The relationship has ended in fact | Marriage is legally ended |
| How it happens | Decision communicated, no paperwork required | Application to the court, granted by order |
| Timeframe | Immediate | Must be separated for at least 12 months |
| Living together? | Possible under “separated under one roof” | Still possible, but divorce won’t be granted without evidence |
| Impact on property/parenting | Starts timelines, but does not finalise | Finalises marriage, triggers 12-month limit for property claims |
| Emotional/legal weight | Often the hardest step emotionally | Closes the legal chapter of the marriage |
Common Misunderstandings
“I can’t divide property until I’m divorced.”
“We’ve been living apart for 12 months so we’re automatically divorced.”
“Divorce will decide custody of the children.”
Why Separation Matters More Than Divorce
In practice, most of the important legal and practical issues happen during separation — working out where the children live, dividing property, and establishing financial independence. Divorce often comes later, once those issues are resolved.
That’s why at Village Family Lawyers we encourage clients to seek advice as soon as separation occurs. Early advice protects your rights, avoids delays, and sets you up for a smoother process when it’s time to divorce.
Client Experience
One of our clients, Ruth, described her experience like this:
