Your Family Law Questions Answered

The short answer is: as soon as possible. While you have time to work through many decisions, early legal advice helps you understand your rights, avoid costly mistakes, and protect your interests from the outset. Even if you’re just considering separation or in the early stages, a consultation with a family lawyer can provide clarity about what to expect and which matters need immediate attention versus those that can be addressed over time.

In Australia, you must be separated for at least 12 months and one day before you can apply for a divorce. This mandatory separation period applies to all couples, regardless of whether you were married in Australia or overseas. Importantly, you can be “separated” while still living under the same roof if you can demonstrate that you’ve been living separately—meaning you no longer share finances, domestic duties, social activities, or a physical relationship.