If you’re considering ending your marriage, one of the first questions you may have is: how long do you have to be separated before divorce? In Australia, separation plays an important role in the divorce process, and understanding the rules can help you plan your next steps.
In this blog, we explain the separation period required before divorce, how separation works, and how Simonidis Steel Lawyers can assist you through every stage of the process.
What Is the Legal Separation Period for Divorce in Australia?
Under Australian law, you must be separated from your spouse for at least 12 months before you can apply for a divorce.
This applies whether you’re applying:
- Solely (by yourself), or
- Jointly (together with your spouse)
The separation period is evidence that the marriage has irretrievably broken down, which is the only legal ground for divorce in Australia.
What Counts as Separation?
Separation means that at least one person in the marriage has decided to end the relationship and communicated that decision to the other. You don’t both need to agree for separation to start — one party’s decision is enough.
Separation doesn’t always mean living apart physically. The law recognises two forms:
1. Living Separately
- One party moves out of the family home.
- Both spouses lead independent lives.
2. Separation Under One Roof
- You remain living in the same house but live separate lives.
- This can occur for practical, financial, or parenting reasons.
For separation under one roof, you may need to provide extra evidence (such as affidavits) to prove that your relationship ended even though you lived at the same address.
What Happens If You Reconcile Briefly?
Couples sometimes reconcile after separating but then decide to separate again. The law allows for this:
- If you reconcile for less than three months, the time before and after can be added together to count towards the 12-month separation period.
- If reconciliation lasts longer than three months, the separation period starts again from the date of the second separation.
This allows some flexibility if couples attempt to repair the relationship before making a final decision.
Do You Need Proof of Separation?
When applying for divorce, you must confirm that you’ve been separated for at least 12 months. The court may request evidence, especially if:
- You continued living under one roof.
- Your spouse disputes the separation date.
Common evidence includes:
- Statements or affidavits from both parties
- Statements from friends or family confirming the separation
- Evidence of financial separation (separate bank accounts, utility bills, etc.)
Simonidis Steel Lawyers can help you prepare and present the required documents to ensure your divorce application proceeds smoothly.
What About Short Marriages?
If you’ve been married for less than two years, you must also:
- Attend marriage counselling before applying for divorce, or
- Apply for permission from the court to proceed without counselling (if counselling isn’t appropriate).
The separation period still applies, even in short marriages.
Why Is the Separation Period Required?
The 12-month separation rule exists to:
- Give couples time to consider reconciliation
- Confirm that the marriage has genuinely broken down
- Avoid rushed or impulsive divorces
The law aims to ensure that divorce is a final step, not a decision made lightly.
Can You Apply for Property Settlement or Parenting Orders Before Divorce?
Yes. You don’t need to be divorced to settle property or parenting matters. You can:
- Negotiate financial settlements at any time after separation
- Apply to the court for property orders or parenting arrangements before or after divorce
In fact, it’s often recommended to resolve these issues sooner rather than later.
Simonidis Steel Lawyers can assist you with:
- Property settlements
- Parenting agreements
- Spousal maintenance
- Child support arrangements
Get Clear Legal Guidance with Simonidis Steel Lawyers
Separation may involve living apart or remaining under the same roof while living separate lives. While legal representation isn’t mandatory, expert advice can help you avoid mistakes and ensure your application is processed smoothly.
If you’re considering divorce or need advice on separation, property division, or parenting arrangements, contact Simonidis Steel Lawyers today. Our experienced family law team is here to guide you through every stage with clarity and confidence.
