What Is the Difference Between Separation and Divorce in Australia?
Separation and divorce are often confused — but under Australian family law, they mean very different things.
Understanding the distinction is essential if you’re separating, considering divorce, or trying to make decisions about children, property, or your future.
This article explains the difference in simple terms and answers the most common questions Australians ask online.
What Is Separation?
Separation occurs when one or both partners decide the relationship is over and communicate that decision.
There is:
No formal paperwork required
No court process
No legal declaration needed
You can be separated even if you continue living in the same home, known as separation under one roof.
The key test is whether the marital or relationship breakdown has occurred — not whether you’ve moved out.
What Is Divorce?
Divorce is the formal legal process that ends a marriage.
In Australia:
Divorce does not determine property or parenting matters
It simply dissolves the legal marriage
You must be separated for 12 months and one day before applying
Australia operates under a no-fault divorce system, meaning the court does not consider who caused the relationship breakdown.
Do I Need to Be Divorced to Finalise Property or Parenting Matters?
No.
You can:
Resolve property matters before divorce
Enter into parenting arrangements immediately after separation
Never divorce at all if you are in a de facto relationship and still do a property settlement
Divorce is legally required if you want to remarry.
Why Does the Difference Matter?
Understanding separation vs divorce is important because:
Separation sets the timeline for legal rights
Divorce triggers strict time limits for property claims
Confusion can lead to missed deadlines or financial risk
Getting advice early — at separation — is often far more protective than waiting until divorce.
Frequently Asked Questions (FAQ)
Q: When am I considered separated?
A: When one or both parties decide the relationship is over and communicate that decision, even if still living together.
Q: Can we be separated but living together?
A: Yes. Separation under one roof is recognised under Australian family law.
Q: Does divorce decide who gets what?
A: No. Divorce does not resolve property, parenting, or support arrangements.
Q: Do de facto couples divorce?
A: No. De facto couples do not divorce but still have rights under family law.
Q: How long after divorce do I have to deal with property?
A: Generally, 12 months from the date your divorce becomes final. Remember if you are a de facto couple that has separated and need to do a property settlement you only have two years from the date of separation.
Final Thought
Separation is about ending the relationship.
Divorce is about ending the legal marriage.
They are not the same — and understanding the difference can save you time, stress, and money.
