How Long Do You Have to Be Separated Before Divorce?
Our Clear Guide to Separation Time Frames
Separation and divorce are rarely just legal processes; they’re emotionally charged experiences filled with complexity. Many people come to us feeling uncertain, overwhelmed or worried about whether they’re doing the “right” thing, particularly when children, property or long-term relationships are involved.
The most common questions we hear are simple but important: how long after separation can you divorce, and how long does a divorce take?
This guide walks you through what separation means under Australian law, what’s required to apply for a divorce, and what to consider as you move forward.
How Long Do You Have to Be Separated Before Divorce?
In Australia, you and your spouse must have 12 months of separation before divorce applications can be filed.
Australia has a no-fault divorce system, which means the Court does not consider who caused the breakdown of the marriage. The only ground for divorce is that the marriage has broken down irretrievably, demonstrated by 12 months of separation with no reasonable likelihood of reconciliation.
This separation period allows time for reflection and certainty, ensuring that the decision to divorce is not made hastily or in response to a temporary difficulty.
What Does “Separation” Mean Under Australian Law?
Separation does not always mean moving out of the family home. Legally, separation occurs when one or both spouses decide that the relationship has ended and act on that decision.
Living Separate Lives
You are considered separated when:
You no longer live as a married couple
There is no reasonable likelihood of resuming married life
This can involve changes such as sleeping in separate rooms, managing finances separately, reducing social activities together, or communicating the separation to family and friends.
Separation Under One Roof
It is possible to be separated while still living in the same home. This is known as “separation under one roof.” This often happens for financial reasons or to minimise disruption for children.
If you rely on separation under one roof, the Court may require additional information explaining how your living arrangements reflect a genuine separation.
Short Reconciliations
If you and your spouse reconcile briefly during the separation period, this does not necessarily restart the 12-month clock. Reconciliations of less than three months can be included, provided the total separation still adds up to at least 12 months.
Understanding how separation is defined is essential, as it directly affects your eligibility to apply for divorce.
Who Is Eligible to Apply for a Divorce?
You can apply for a divorce in Australia if:
You or your spouse is an Australian citizen, or
You regard Australia as your permanent home, or
You have lived in Australia for at least 12 months before applying
You can apply for a divorce even if:
You were married overseas (a marriage certificate will be required)
You and your spouse apply jointly, or one of you applies alone
Divorce applications are handled by the Federal Circuit and Family Court of Australia, and most applications are made online.
Applying for Divorce: Online or With a Lawyer
Divorce applications are submitted through the Federal Circuit and Family Court of Australia’s online portal. The process generally involves:
Completing the application form
Uploading supporting documents (such as your marriage certificate)
Paying the filing fee (fee reductions may apply in cases of financial hardship)
While the process may seem straightforward, many people choose to seek legal advice to ensure:
Dates of separation are correctly stated
Separation under one roof is properly explained
Children’s arrangements are clearly outlined
The application is completed accurately, avoiding delays or complications
Having a lawyer involved can also provide reassurance during what is often a stressful time.
Children Under 18: What the Court Needs to See
If you have children under the age of 18, the Court must be satisfied that proper arrangements have been made for their care, welfare and development before granting a divorce.
This does not mean you need final parenting orders in place. Instead, the Court requires general information about:
Where the children live
How they spend time with each parent
Their schooling and healthcare
Financial support arrangements such as child support
The focus is always on the best interests of the children. Divorce itself does not determine parenting arrangements, but the Court needs reassurance that children are being cared for appropriately.
De Facto Relationships Explained
If you were in a de facto relationship, you do not need to apply for a divorce. However, de facto partners still have important legal rights and obligations.
Under the Family Law Act, de facto couples separating may apply for:
Property settlements
Spousal maintenance
Parenting orders (if children are involved)
De facto relationships are recognised where couples have lived together on a genuine domestic basis, or where there are children, significant financial contributions, or registered relationships.
Legal advice is strongly recommended to understand how your rights compare to those of married couples and to ensure time limits are met.
Timeframes, Waiting Periods and What Happens Next
After you apply for a divorce, the Court will review your application. If all requirements are met, a divorce order will be made.
The divorce becomes final one month and one day after the order is granted. Only once the divorce is final are you legally free to remarry.
It’s important to note that:
Divorce deals only with the legal ending of the marriage
Property settlement and spousal maintenance are separate matters
Strict time limits apply to financial applications after divorce
Seeking advice early can help protect your position and give you clarity about next steps.
After Divorce: Important Things to Review
Finalising a divorce often marks the beginning of a new chapter, and it’s an important time to review key legal and practical matters. Taking the time to review these matters can help you move forward with confidence.
Wills and Estate Planning
A divorce can affect how your estate is distributed. Updating your Will ensures your wishes are clearly reflected and avoids unintended outcomes.
Property and Financial Arrangements
Even if finances feel settled, it’s important to ensure property division is properly documented and legally binding.
Parenting Stability
If you have children, maintaining routine, consistency, and open communication is essential. Parenting plans or orders can provide structure and reassurance for everyone involved.
Getting the Right Support
Divorce is more than a legal process; it is a life transition. Having the right support can make a meaningful difference.
A family lawyer can:
Explain your rights and obligations clearly
Guide you through the divorce process
Assist with property, parenting and financial matters
Help reduce conflict and uncertainty
Many people also benefit from counselling or support services to navigate the emotional impact of separation, particularly when children are involved. If separation has occurred in the context of family violence or concerns for personal safety, additional legal protections may be available. This can include Domestic Violence Orders (DVOs), which are designed to help keep people safe during and after separation.
At Omnia Legal, we understand that no two situations are the same. Our approach is calm, compassionate and practical, supporting you with clear advice while respecting the emotional weight of the decisions you’re facing.
If you’re unsure where you stand or what steps to take next, seeking advice early can provide clarity and peace of mind.
This article provides general information on legal topics for educational purposes only and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.