In plain English
Pre-separation is the time when you are considering whether to separate, or when you know separation is coming but have not yet made it official. This is actually one of the most important stages legally — decisions you make now about finances, documents, and evidence can have a significant impact later.
The Family Law Act 1975 governs separation and divorce in Australia. There is no legal requirement to notify anyone that you are separating — the date is established by evidence of intention and action.
Common mistakes to avoid
- Failing to gather financial documents before separation — once separated, access to joint records becomes harder
- Not documenting the separation date — this starts the 12-month divorce clock and affects property time limits
- Transferring or hiding assets — courts can reverse this and it severely damages your credibility
Before moving to the next stage
- Gather copies of all financial documents — tax returns, bank statements, super statements, payslips
- List all assets and liabilities you are aware of
- Identify a separate bank account in your name only
- Consider speaking confidentially with a Community Legal Centre
Test your knowledge
1. What is the primary purpose of gathering financial documents before separation?
2. Under the Family Law Act 1975, when does the 12-month divorce clock start?
3. Transferring assets before separation to prevent them being included in the property pool is:
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In plain English
Separation occurs when at least one party decides the marriage or de facto relationship is over and acts on that decision. You do not need to live apart to be legally separated — separation under one roof is recognised. The date of separation is critical because it starts the 12-month clock for divorce applications and sets time limits for property proceedings.
Under s48 of the Family Law Act 1975, you must be separated for 12 months before applying for divorce. Property proceedings must generally be commenced within 12 months of divorce (for married couples) or 2 years of separation (for de facto couples).
Common mistakes to avoid
- Not establishing a clear separation date — document it in writing, even a simple text message
- Failing to notify Centrelink within 14 days — can result in overpayments you must repay
- Continuing to use joint accounts and credit cards without monitoring — the other party can run up debt
Before moving to the next stage
- Document separation date in writing
- Notify Centrelink if receiving Family Tax Benefit
- Open a separate bank account
- Cancel joint credit card authorities
- Take inventory photos of household contents
- Update emergency contacts and beneficiaries
Test your knowledge
1. Within how many days must you notify Centrelink of your separation?
2. In most Australian states, does separation automatically revoke a will made in favour of your ex?
3. Can you be legally separated while still living in the same house?
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In plain English
Before filing any court application (except in urgent circumstances), both parties must comply with pre-action procedures under Schedule 1 of the Family Law Rules 2021. This means exchanging disclosure, making a genuine attempt to resolve the dispute, and attempting dispute resolution. You must certify compliance with these steps when you file.
Schedule 1 of the Family Law Rules 2021 sets out mandatory pre-action procedures. For parenting matters, s60I of the Family Law Act 1975 requires a certificate from an accredited Family Dispute Resolution Practitioner before court.
Common mistakes to avoid
- Filing without attempting dispute resolution — courts will send you back and may impose costs
- Failing to provide initial disclosure — you have a legal duty to disclose all financial information
- Not keeping records of pre-action steps — you will need to certify compliance
Before moving to the next stage
- Send a written letter to the other party outlining your proposal
- Provide initial financial disclosure
- Attempt Family Dispute Resolution
- Obtain Section 60I certificate (parenting matters)
- Apply for Legal Aid if needed
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In plain English
Filing an Initiating Application formally starts court proceedings. Once filed, documents must be served on the other party. The filing fee is approximately $1,260 (reduced for concession card holders). All documents are filed electronically through the Commonwealth Courts Portal.
Initiating Applications are filed under the Family Law Rules 2021. All electronic filing occurs through the Commonwealth Courts Portal at comcourts.gov.au. A Genuine Steps Certificate must be filed at the same time.
Common mistakes to avoid
- Filing without a Genuine Steps Certificate — the application will be rejected
- Incomplete financial statement (Form 13) — must disclose all income, assets, liabilities, and expenses
- Incorrect service — the other party must be served correctly or the matter cannot proceed
Before moving to the next stage
- Register on comcourts.gov.au
- Prepare Initiating Application
- File Genuine Steps Certificate
- File Form 13 Financial Statement
- Pay filing fee or apply for reduction
- Serve documents on other party
- File Affidavit of Service
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In plain English
If you are the Respondent, you have 28 days to file a Response to the Initiating Application. For parenting matters, both parties complete the confidential Lighthouse Family DOORS risk screening — this is mandatory and affects how the court manages your case.
The Response must be filed within 28 days of service. Lighthouse screening is conducted under the National Strategic Framework for Information Sharing under the Family Law Act.
Common mistakes to avoid
- Missing the 28-day deadline — orders can be made in your absence
- Not completing Lighthouse screening — it is mandatory for parenting matters
- Failing to file a Response Affidavit if you dispute the other party's version of events
Before moving to the next stage
- File Response within 28 days
- Complete Lighthouse DOORS screening
- File Response Affidavit if needed
- Consider whether interim orders are needed
- Update Form 13 if financial position has changed
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In plain English
The First Court Event is usually conducted by a Registrar either in person, by phone, or by video. The Registrar will assess what the dispute is about, check compliance with pre-action steps, and give directions for what happens next. You do not need a lawyer but being prepared is essential.
First Court Events are conducted under the Family Law Rules 2021 case management pathway. Registrars have powers delegated under s26B of the Family Law Act.
Common mistakes to avoid
- Not reading the directions notice carefully — mode of attendance varies
- Arriving unprepared — the Registrar will ask you to summarise the issues
- Not bringing evidence of pre-action compliance
Before moving to the next stage
- Read directions notice carefully
- Prepare one-page summary of issues
- Bring evidence of disclosure and mediation attempts
- Take careful notes of all directions made
- Note any deadlines for valuations or further documents
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In plain English
Interim hearings are for orders that need to be made before the final hearing — for example, who lives in the family home, temporary parenting arrangements, or urgent financial support. They are decided on affidavit evidence only and usually happen on the day.
Applications in a Proceeding are filed under FLR Part 5. Interim parenting orders are made under s65D and interim property orders under s80 of the Family Law Act.
Common mistakes to avoid
- Filing a vague interim application — the court needs specific orders sought
- Not filing a comprehensive affidavit — interim hearings are decided on written evidence only
- Failing to comply with interim orders — non-compliance is taken very seriously
Before moving to the next stage
- File Application in a Proceeding
- File comprehensive supporting affidavit
- State exactly what orders you seek and why
- Attend hearing and comply with all orders made
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In plain English
Full financial disclosure is one of the most important obligations in family law proceedings. Both parties must provide complete and accurate information about their financial position. Failing to disclose assets is a serious offence that can result in orders being set aside and costs penalties.
The duty of disclosure is set out in Rule 6.06 of the Family Law Rules 2021. Failure to disclose can result in adverse findings, costs orders, and orders being set aside under s79A.
Common mistakes to avoid
- Incomplete disclosure — even forgetting to include a small account can damage credibility
- Not cross-checking the other party's disclosure for inconsistencies
- Missing the deadline to obtain independent valuations
Before moving to the next stage
- Provide all tax returns, bank statements, super statements
- Disclose all business interests and trust documents
- Obtain independent property valuations
- Cross-check other party's disclosure
- Issue subpoenas if disclosure is incomplete
- Sign Undertaking as to Disclosure
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In plain English
Court-based dispute resolution is a structured conference where both parties attempt to reach agreement. It is facilitated by a Registrar or Court-appointed mediator. Approximately 70-80% of matters that reach this stage settle here, avoiding the need for a trial.
CBDR is conducted under the court's case management framework. Consent orders formalising any agreement are filed under s79 (property) or s65D (parenting) of the Family Law Act.
Common mistakes to avoid
- Arriving unprepared without a clear settlement position
- Not knowing your walk-away point before the conference
- Reaching an agreement without formalising it in consent orders — verbal agreements are not binding
Before moving to the next stage
- Prepare balance sheet of all assets and liabilities
- Know your settlement position and walk-away point
- Draft proposed consent orders if agreement reached
- Identify remaining issues if no settlement
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In plain English
In parenting matters, the court often orders expert reports to assess what arrangements are in the best interests of the children. An Independent Children's Lawyer may also be appointed to represent the children's interests directly.
Expert reports are ordered under s62G of the Family Law Act. The best interests of the child is the paramount consideration under s60CA. An ICL is appointed under s68L.
Common mistakes to avoid
- Treating the expert interview as adversarial — be yourself and focus on the children
- Criticising the other parent excessively to the expert — this looks poor
- Not providing relevant documents when requested
Before moving to the next stage
- Attend all expert interviews
- Cooperate fully with any ICL appointed
- Provide medical records and school reports as requested
- Read the report carefully when issued
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In plain English
The Compliance and Readiness Hearing is the final gateway before trial. Both parties certify that they have complied with all court directions, completed all disclosure, and are ready to proceed to trial. The trial date is typically set at this hearing.
CRH procedures are set out in the Family Law Rules 2021 Practice Direction. The Undertaking as to Disclosure must be filed at least 7 days before.
Common mistakes to avoid
- Missing the deadline to file the Undertaking as to Disclosure
- Not having the Certificate of Readiness prepared
- Failing to have a complete tender bundle ready
Before moving to the next stage
- File Undertaking as to Disclosure
- File Certificate of Readiness
- File Trial Plan and witness list
- Prepare complete tender bundle
- Confirm all witness availability
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In plain English
The Trial Management Hearing is the last hearing before trial. It locks down what issues are in dispute, confirms witnesses, and deals with any outstanding procedural matters. After the TMH, the trial date is fixed and it is very difficult to adjourn.
TMH procedures are set out in Practice Directions. After the TMH, any adjournment requires a Judge's approval and a compelling reason.
Common mistakes to avoid
- Not confirming witness availability before the TMH
- Failing to agree on what issues are actually in dispute
- Not having updated tender bundle with index
Before moving to the next stage
- Confirm all witnesses available
- File any subpoenas for witnesses
- Lock down scope of disputed issues
- Provide updated tender bundle
- Prepare opening statement
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In plain English
The Final Hearing is where both parties present their evidence and arguments to a Judge. Evidence is given by affidavit and witnesses are cross-examined. The Judge usually reserves judgment — meaning you may wait months for the outcome.
Final hearings are conducted under the Family Law Rules 2021 and the Evidence Act 1995. The Judge applies s79 (property) or s60CC (parenting) in reaching a decision.
Common mistakes to avoid
- Not addressing the Judge as Your Honour
- Making emotional arguments instead of factual ones
- Not preparing cross-examination questions for the other party
Before moving to the next stage
- Arrive early — courts have security screening
- Dress conservatively and professionally
- Present opening statement clearly
- Examine witnesses methodically
- Make closing submissions referencing the 4-step test or s60CC factors
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In plain English
Once judgment is delivered, the final orders must be implemented. Property orders require transfers of titles, refinancing, and superannuation splitting orders sent to fund trustees. You have 28 days from the date of judgment to appeal if you believe there was an error.
Final orders are made under s79 (property) or s65D (parenting). Super splitting orders are processed under Part VIIIB of the Family Law Act. Appeals are made to the Full Court within 28 days.
Common mistakes to avoid
- Not reading the judgment carefully — misreading orders creates compliance problems
- Missing the 28-day appeal window — this is strict and rarely extended
- Not updating will and beneficiary nominations after orders
Before moving to the next stage
- Read judgment carefully multiple times
- Implement property transfers promptly
- Send super splitting orders to fund trustee
- Set up parenting arrangements per orders
- Consider appeal within 28 days if needed
- Update will, POA, super nominations
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In plain English
Post-settlement life is about rebuilding. Practically, this means refinancing mortgages, updating legal documents, and adjusting to a new financial reality. Emotionally, it takes time. Many people find that once the legal process is over, the grief and adjustment period actually begins in earnest.
There are no specific legal steps required after settlement unless orders need enforcement. Divorce applications can be made 12 months after separation under s48.
Common mistakes to avoid
- Not refinancing joint mortgage promptly — both parties remain liable until it is done
- Forgetting to update will and beneficiary nominations
- Not connecting with support services during the adjustment period
Before moving to the next stage
- Refinance mortgage into sole name
- Update super and insurance beneficiaries
- Update will post-orders
- Set up new single budget
- Connect with Centrelink for updated entitlements
- Focus on emotional recovery
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