That can feel like a long time when you’re ready to move on. But while the divorce itself may need to wait, you don’t have to put your life on hold. There’s a lot you can do in the meantime to protect your wellbeing, your finances, and your children. This guide explains how the 12-month rule works, what counts as separation, and how to start taking practical steps forward today.
What does ‘separation’ actually mean?
Separation doesn’t have to mean moving into separate homes straight away. You can be legally separated even if you’re still living under the same roof. This often happens for financial or parenting reasons.
What matters is that your relationship has ended in a meaningful way—you’ve stopped living as a couple. That might include:
- Sleeping in separate rooms
- Managing finances independently
- No longer doing things socially as a couple
- Telling friends and or family that the realtionship has end
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Do I need to prove separation?
Usually, you just declare the date of separation in your application. But if you continued living under the same roof during all or part of the 12 months, the Court will need more information. This involves filing an affidavit explaining how your relationship changed—even if you still lived in the same house. Our team can help prepare this paperwork to make sure everything is in order.
What if we reconcile briefly?
If you try to reconcile but it doesn’t work out, you may not need to start the 12 months over again. A short reconciliation (less than 3 months) is allowed, but that time won’t count towards your separation period. If you reconcile for longer than 3 months, the clock resets and you’ll need to start the 12 months again from the new separation date.
What’s the difference between being separated and being divorced?
This is a common area of confusion. Put simply:
- Separation marks the end of the relationship but does not legally dissolve the marriage.
- Divorce is the formal legal process of ending the marriage through the courts.
You can begin planning for your future straight after separating, there’s no need to wait 12 months to make arrangements about finances or children. You only need to wait to formally end the marriage.
What can you do while you wait?
There’s plenty you can do during the 12-month separation period to protect yourself and your family. You can:
- Sort out property and finances. You don’t need to wait to divide assets, superannuation or debts. In fact, it's wise to do this early. Just remember you have 12 months from the date your divorce becomes final to start any court proceedings about property or spousal maintenance.
- Make parenting arrangements. You can agree on parenting plans or apply for consent orders at any time. This includes where children live, time spent with each parent, and how decisions will be made.
- Seek interim spousal maintenance or financial support. If you're struggling financially after separation, you may be able to seek support from your former partner.
Sole vs joint divorce applications
You can apply for divorce either:
- Jointly, with your former spouse; or
- Solely, on your own.
Joint applications are generally more straightforward. If you file a sole application, you will need to serve the documents on your former spouse and provide proof that this has been done correctly. This is something we can assist with to ensure the process runs smoothly.
What if we have children?
If you have children under 18, the Court will want to see that proper arrangements are in place for their care. This includes:
- Where the children live
- Schooling and medical arrangements
- How much time they spend with each parent
- Financial support and stability
How does the Divorce process work?
Here’s a simplified step-by-step guide once the 12-month separation is complete:
1. Prepare your application (joint or sole);
2. File online through the Commonwealth Courts Portal;
3. Pay the filing fee (see table below);
4. Serve the application on your former spouse (if filing alone);
5. Attend a hearing (only if the applicant indicated they wish to attend in the application, or the respondent has requested to attend the hearing where there are children under 18);
6. Wait one month and one day after the divorce order is granted until your divorce becomes final.
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Divorce filing dees (as of November 2025)
Divorce application (standard): $1,125
Divorce application (reduced fee): $375*
Divorce certificate (optional): $30
*A reduced fee may apply if you hold a concession card or can demonstrate financial hardship.
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What comes after divorce?
Finalising your divorce application can have important legal consequences, particularly around time limits.
- You have 12 months from the date the divorce becomes final to begin proceedings about property division or spousal maintenance.
- After this deadline, you will need the Court’s permission to apply, which is not guaranteed.
That’s why it’s best to start discussing financial matters well before the divorce is granted.
When should you seek legal advice?
The earlier, the better. A family lawyer can help you understand your rights, make informed decisions, and take the right steps at the right time. This is particularly important if:
- You have children.
- There is property or superannuation to divide.
- You’re financially dependent on your spouse.
- You’re unsure how to navigate the process.
The 12-month waiting period is part of the legal process, but it doesn’t mean you’re stuck. With the right guidance and support, you can take control of your situation and start planning for a more secure future.
At Carew Counsel Solicitors, we’re here to support you whether you're thinking about separation, working through arrangements, or ready to apply for divorce. Our team offers practical, compassionate advice to help you move forward with clarity and confidence.
