Separation and Divorce

In Australia, it is important to note that 'divorce' is different to 'separation'.   A divorce is the legal dissolution of a marriage, whereas a separation is the end of a relationship.

Regardless of the stage you are at in a separation, it is never an easy time.  The emotional upheaval and trauma of a separation can have a significant impact on the lives of those involved and it is always recommended that you seek the advice of professional advisors when needed (whether they are lawyers, accountants, psychologists or counsellors).

Separation, or the ending of a relationship, can either be a mutual decision or the decision of one party.  

If you and your former partner separate you may need to make some immediate and important decisions on practical issues, such as the welfare of your children or the division of some of your assets.  The experienced family law team at Colin Daley Quinn can provide you with practical and pragmatic advice during the early stages of separation to ensure that any decisions you make are in your best interests and will not have an adverse impact on you, or your children, at a later date.  We can explain the process of separation and divorce to you in plain English, so that you fully understand your rights, as well as obligations to your former partner and children.  We can also provide advice regarding the best way to move forward and help you to negotiate with your former partner on issues such as the division of property and parenting arrangements. 


To have a divorce order granted, a married couple must have been separated for at least one year prior to the time an application for divorce is filed and must satisfy the Court that the relationship has broken down permanently.  

Where there are children of the marriage under the age of 18 years, the court must also be satisfied that arrangements for their future care are satisfactory.

Most importantly, the majority of family law matters are resolved without the need to attend Court and your CDQ family lawyer can act on your behalf throughout the process. 

Applying for a divorce does not finalise any arrangements with respect to children or property.  Formal parenting plans and property settlements are generally recommended to reduce the potential for future disputes.  For more information read the section on property settlements on this website.

For more information on divorce and separation, contact our family law team today on 02 8566 2400.