Look, nobody plans on splitting up… but when it happens, timing matters
Divorce isn’t exactly something most people pencil into their calendar. It’s emotional. Messy. Bit of a whirlwind, really. So it’s no wonder people often put it off — even when the writing’s well and truly on the wall.
But here’s the rub: leaving it too long can create more drama than the breakup itself.
Not just emotionally. Legally, financially, and even logistically — there are actual deadlines you need to hit. And if you miss them? Well, let’s just say it’s not ideal.
So let’s unpack this properly. No jargon. No fluff. Just straight talk about what you need to know before divorce turns from a ‘later problem’ into a legal headache.
First off — what exactly is “divorce” in the eyes of the law?
People often mix up separation and divorce. They’re not the same thing.
Separation is when you and your partner call it quits. Could be one person moving out, or even living under the same roof but leading separate lives. Divorce, on the other hand, is the legal bit — the formal end to the marriage.
Thing is, you can be separated for years and still be legally married. Which might not sound like a big deal… until you want to remarry. Or sort out property. Or realise you’ve still got each other listed on your super and medical.
So when can you actually apply for a divorce?
You have to be separated for at least 12 months. That’s non-negotiable.
And it has to be a genuine separation. You don’t have to live in separate houses — a lot of people can’t afford to — but you do have to prove you’ve been living separate lives. No more sleeping together, doing each other’s laundry, that kind of thing.
Pro tip: If you’re still under the same roof, you’ll need extra proof — like a statutory declaration from a friend or family member. Otherwise the court might not buy it.
But here’s where it gets tricky — timing can bite you later
Let’s say you separate. You’re hurting. You shelve the idea of divorce for a few years. No harm in that, right?
Actually… yeah. There can be.
See, once you're divorced, there’s a 12-month window to sort out property and finances through the courts. If you miss it, you have to ask special permission — and they don’t always say yes. Especially if the other party kicks up a fuss.
And if you don’t get divorced? That window doesn’t start. Which sounds good, until you realise your ex could turn up five years later and still try to claim a chunk of your assets.
Yep. It happens more than you’d think.
Got kids? The timing dance gets more delicate
Now, divorce itself doesn’t actually deal with parenting arrangements. That’s a separate process. But when you do apply for divorce, you’ll need to satisfy the court that proper arrangements are in place — or at least being sorted.
So if things are messy with the kids — maybe one parent’s not turning up, or there’s tension over schools or holidays — it’s worth chatting to someone before lodging that divorce app.
Because if the court reckons the kids aren’t being looked after properly? They can delay things. Or worse.
Okay, but what’s actually involved in getting divorced?
Honestly? The paperwork’s not the worst part. It’s mostly online these days — through the Federal Circuit and Family Court of Australia.
You can file solo or jointly. Doing it together is usually cheaper and smoother, if you’re both on the same page.
You’ll need your marriage certificate (translated if it’s not in English), some ID, and proof of separation if relevant. Pay the fee (just over $1,000 unless you qualify for a discount), and wait for your hearing date.
The hearing’s usually over Zoom or phone. Quick and clinical, unless kids are involved or someone contests it.
After the hearing, you get your divorce order one month and one day later. That’s the moment you’re legally divorced.
“What if they don’t agree to the divorce?”
Doesn’t matter. Australia’s a no-fault divorce country. You don’t have to prove anyone did anything wrong.
As long as you’ve been separated for 12 months, you can apply. The other person doesn’t have to agree. They can’t block it — unless they can prove you weren’t actually separated.
“But we’ve already split the house and the money — do we still need to get divorced?”
Short answer? Yep.
You might’ve sorted things informally. Maybe even with a handshake. But unless there’s a legally binding property settlement, it’s not set in stone. And staying legally married just leaves that door open longer than it should be.
Divorce closes that door. Clean break. It’s not about spite — it’s about certainty.
“We were married overseas — does that change things?”
Nah, not really. As long as you’re living in Australia and the marriage is legally recognised here, you can apply.
But there are quirks, especially around paperwork and proof. Worth double-checking things with someone who knows the ropes.
Divorce isn’t just a legal step — it’s an emotional reset
Now here’s the bit that doesn’t get said enough.
Divorce is more than paperwork. It’s closure. A line in the sand. The legal stamp that says, “this chapter’s done.”
And for some people, that bit hits harder than expected. There’s grief, relief, confusion… sometimes all in the same week.
So yeah, don’t rush into it. But also — don’t leave it lingering forever. That limbo space? It’s rarely healthy.
If you're even thinking about it, get some advice early. Doesn’t mean you have to file tomorrow. Just means you’ll know where you stand when the time comes.
FAQ – Real questions real people ask
Can I apply for divorce while living under the same roof?
Yes — but you’ll need extra documentation to prove you were genuinely separated.
How long does divorce take once I apply?
Roughly 3–4 months, give or take, depending on court backlogs and whether it’s contested.
Do we have to go to court?
Usually no. Most divorce hearings are done via video or phone. Only tricky cases go to an actual courtroom.
Do I need a lawyer?
Not always, but it helps — especially if property, kids, or complications are involved.
Can my ex claim my money years after separation?
Yes — if you haven’t formalised a property settlement, even years later they could try. Divorce starts the 12-month deadline to fix that.
Not sure when to pull the pin? Don’t wait too long.
Divorce isn’t something you want to leave ‘til the eleventh hour — especially if property, kids, or emotions are still tangled.
A good family lawyer can walk you through it without the overwhelm. They’ll help you avoid mistakes, delays, and dramas.
If you’re anywhere near Rockhampton or Central Queensland, the team at South Geldard Lawyers is worth a call. They’ve seen every type of situation under the sun and can give you straight-up advice without the fluff.
Legal disclaimer: This article is general information only and not legal advice. Always speak to a qualified family lawyer about your specific situation.
