While February markets romance with Valentine’s Day festivities, many people...
Read MoreSeparation and divorce can feel overwhelming. Most people don’t know what to Google first, and the internet is full of confusing, conflicting advice. Respect Legal is a safe space.
These FAQs try to help answer the real questions people ask when their relationship is changing. From the first stages of thinking about separation, to parenting, financial, and the actual divorce stages; we are experts with empathy who can explain things clearly and calmly.
If you would prefer personal and confidential advice about your specific situation, you can book a free 15‑minute phone call with our family law team at any time. No strings attached.
Before making any big decisions, get legal advice. Understand your rights about the house, children and money. You do not have to tell your partner before speaking to a lawyer. Early advice helps you plan calmly and safely.
Not always. Moving out too quickly can affect practical arrangements around property and children. If you feel unsafe, your safety comes first. Otherwise, get advice before leaving.
Yes. This is called separation under one roof. You can live in the same house but lead separate lives while working out longer‑term arrangements.
If you have children, property, superannuation, shared debts or safety concerns, then yes; early legal advice can prevent costly mistakes later.
Separation happens when one person decides the relationship is over and communicates that decision. You do not need paperwork and you do not need both people to agree.
There is no automatic rule. The decision depends on children, finances and safety. Ownership alone does not decide who stays.
No. Most families resolve parenting and property matters through negotiation or mediation. Court is usually a last resort. Respect Legal values minimal litigation and always aims for amicable resolution over high-conflict scenarios because in most cases, it is the fastest way to help families heal following a breakup.
We no longer use the word custody. It is referred to as parenting matters. The law focuses on what is in the best interests of the child, including safety, stability and meaningful relationships.
Only if there is a genuine safety risk. Courts usually support children having a relationship with both parents unless there is evidence of harm.
In most cases, yes. Families are required to attempt family dispute resolution before filing parenting proceedings, unless there are urgent or safety concerns.
The court identifies all assets and debts, considers contributions by both parties, examines future needs, and then determines what is fair. Fair does not always mean equal. Property matters cover not just your physical property eg your house. All finances are grouped together in the asset pool for property matters.
Spousal maintenance is financial support one partner may need to pay, if the other person cannot reasonably support themselves, and the paying party has capacity to assist.
Superannuation is treated as property and can be divided between partners, though it generally remains within the superannuation system and is transferred from one person’s super account into the other person’s super account – similar to a bank transfer.
In Australia, child support is usually calculated by the Services Australia (Child Support division).
They use a formula that looks at:
It is not automatically 50/50. It is based on income and care arrangements.
No. Child support is meant to contribute to everyday living costs — things like food, clothing and utilities.
Extra costs (like private schooling, medical expenses or extracurricular activities) may need to be agreed separately.
No. Divorce only legally ends your marriage. It does not decide:
Child support is handled separately.
No. Property settlement divides assets and debts between adults.
Child support is about ongoing financial contributions for children.
They are two completely different legal systems.
Child support is usually assessed and managed by Services Australia.
They use a formula based on:
It is not automatically 50/50.
No. Parenting orders deal with:
Child support is calculated separately.
However, the number of nights a child spends with each parent can affect the child support formula.
Yes. Parents can enter into:
Private agreements can allow for:
Many people assume: “If we sort everything in court, it will all be wrapped up together.”
It won’t. Divorce, parenting, property and child support are separate tracks.
Each has its own rules and processes. Understanding this early prevents costly mistakes.
If you are unsure how child support interacts with your parenting or property arrangements:
Book a free 15-minute confidential call with Respect Legal.
We’ll help you understand where you stand and what steps make sense next.
If child support is assessed by Services Australia, they can:
If you have a private agreement, enforcement options depend on how it was set up.
At Respect Legal, we help parents:
Child support decisions affect your children and your long-term finances.
If you would like clarity about your situation:
Book a free 15-minute confidential call with our family law team.
To get divorced in Australia, you must:
The divorce becomes final one month and one day after it is granted by the court.
Divorce legally ends your marriage but it does not divide property or finalise parenting arrangements. They are different things.
Yes.
You can file your own divorce application online through the court portal.
This is called a “sole application” if you apply alone, or a “joint application” if you apply together.
If you apply alone, you must properly “serve” the divorce documents on your spouse. There are strict rules about how this must be done.
DIY divorce can work well when:
At Respect Legal, we manage the entire divorce process for you.
We:
You don’t have to navigate the court portal or worry about technical errors.
Many clients choose lawyer-managed divorce for peace of mind; especially if the relationship is strained, communication is difficult, or there are children involved.
No, you are not legally required to use a lawyer. But a lawyer can be helpful if:
From filing to finalisation, it usually takes around 3 to 4 months, depending on court availability and whether the paperwork is completed correctly.
The divorce becomes legally final one month and one day after the court grants it. Just like you once received a marriage certificate; you will receive a divorce certificate.
No. Divorce only legally ends the marriage.
Property division, superannuation splitting, spousal maintenance and parenting arrangements are entirely separate legal processes.
There are also strict time limits after divorce for property applications; so it is important to get yourself proper legal advice early.
Respect Legal offers:
If you would like clarity about whether DIY or lawyer-managed divorce is right for you:
Book a free 15-minute confidential call with our family law team.
Ready to take the next step?
Book yourself in for a free 15-min phone call appointment. It’s free, and confidential. We can chat about your situation and explain some options to help you making your next big decisions.
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