When a close friend in Melbourne told me she and her partner had “separated,” I assumed she meant they were divorced. But as we found out together, those two words—separation and divorce—mean very different things in Victorian family law. One happens the moment a relationship ends in practice. The other only happens after a legal process and court approval.

If you’re navigating a breakup, understanding the distinction between the two can save you time, money, and emotional energy. In this guide, written from a practical, first-hand perspective, I’ll break down exactly what each term means, what rights and obligations continue after separation, and how to move through the divorce process in Victoria with confidence.

1. What Is Separation in Victoria?

In Australian family law, separation occurs when one or both partners decide to end the relationship and communicate that decision to the other. There’s no official form, ceremony, or registration. You’re legally separated the day you stop living together as a couple, regardless of whether you move out or remain in the same home.

Separation is about intent and communication. One person doesn’t need the other’s consent. If one partner believes the relationship is over and acts accordingly, the law considers the separation to have started from that date.

2. How Separation Works in Practice

Separation affects both practical and legal aspects of life. In Melbourne, it’s common for couples to separate before they sort out property or parenting arrangements. Here’s what typically happens:

• One partner moves out (though not always).
• Banks, schools, and government agencies (like Services Australia) are notified.
• Joint accounts are reviewed or closed.
• Communication becomes focused on co-parenting or logistics.

While separation changes your day-to-day life, you’re still legally married until a divorce order is granted by the Federal Circuit and Family Court of Australia (FCFCOA).

3. What Is “Separation Under One Roof”?

Not all separated couples live apart. Financial constraints or parenting needs may mean you continue sharing a home. This is called “separation under one roof.”

When you apply for divorce, you’ll need evidence to prove that the relationship ended even though you stayed in the same residence. This might include:

• Sleeping in separate rooms
• Ceasing sexual activity and joint social outings
• Managing separate finances (bank accounts, groceries, bills)
• Telling friends, family, and institutions that you’re separated

Courts often require an affidavit from each person (and sometimes a third-party witness) to confirm the separation was genuine.

4. Legal Effects of Separation (What Changes & What Doesn’t)

Separation starts the clock for several key time limits in Australian family law:

• You must be separated for at least 12 months before filing for divorce.
• Property settlement and spousal maintenance claims must generally be filed within 12 months of the divorce becoming final.
• For de facto couples, the limit is two years after separation.

Separation does not automatically revoke wills, superannuation nominations, or joint ownership of property. It also doesn’t stop shared debts or mortgages. These must be addressed through a property settlement or updated estate planning.

5. What Is Divorce in Victoria?

Divorce is the legal termination of a marriage under the Family Law Act 1975. It doesn’t decide property, finances, or parenting—it simply ends the legal bond. The process is handled by the Federal Circuit and Family Court of Australia and can be filed online through the Commonwealth Courts Portal.

To be eligible for divorce in Victoria, you must:

• Be separated for at least 12 months (with no chance of reconciliation).
• Prove the marriage has broken down irretrievably.
• Be an Australian citizen, permanent resident, or regard Australia as your home and intend to live here indefinitely.
• If married overseas, show a copy of the marriage certificate and translation if not in English.

6. How the Divorce Process Works Step by Step

Here’s how the typical divorce application works in Victoria:

1. Confirm 12 months’ separation. Note the exact date—it will appear in your application.
2. Prepare your documents. Marriage certificate, identification, and any affidavits (especially for “under one roof”).
3. File the Application for Divorce via the Commonwealth Courts Portal. You can file jointly or alone.
4. Serve the application on your spouse (if filing solo) at least 28 days before the hearing in Australia, or 42 days if overseas.
5. Attend the hearing (only required if children under 18 are involved in a sole application).
6. Receive the Divorce Order, which takes effect one month and one day after being granted.

Once finalised, you’re free to remarry, and the 12-month property and maintenance timeframe begins.

7. Timelines: Separation vs Divorce

Remember: Separation is personal; divorce is formal. You can live separately forever without divorcing, but you remain legally married until the court order takes effect.

8. Financial, Property & Parenting Issues During Separation

Many people assume they must divorce before sorting finances or parenting. In reality, these matters can be handled anytime after separation. In fact, resolving them early can simplify the divorce process later.

Property Settlement

Property settlement decides how assets, debts, and superannuation are divided. You can negotiate directly, use mediation, or formalise terms through consent orders or a Binding Financial Agreement. In Victoria, courts consider contributions, future needs, and what’s “just and equitable.”

Parenting Arrangements

Separated parents are encouraged to create a parenting plan or apply for consent orders. These outline where children live, schooling, health care, and communication. If disputes arise, Family Dispute Resolution (FDR) is required before court proceedings unless there’s family violence or urgency.

Spousal Maintenance

One partner may have a right to financial support from the other after separation, even before divorce. The court weighs need and ability to pay.

9. What About De Facto Couples?

De facto relationships—where partners live together on a genuine domestic basis—are recognised under the Family Law Act. When they end, similar rules apply for property, parenting, and maintenance. However, there’s no “divorce” equivalent because they were never legally married.

To claim property or maintenance, de facto partners must file within two years of separation. Proof of the relationship (shared finances, joint bills, duration, public reputation) may be required.

10. Common Questions About Separation and Divorce

Can I be separated if we still live together?

Yes—this is “separation under one roof.” You’ll need evidence showing independent lives within the same household.

Do I need to register my separation?

No. There’s no official registration, though recording the date (for Centrelink, tax, or legal documents) is recommended.

Can I remarry before the divorce is final?

No. You must wait until the divorce order takes effect—one month and one day after it’s granted.

What if my spouse doesn’t agree to the divorce?

Only one person needs to decide the marriage is over. The court won’t refuse an application if separation is proven.

Do I need a lawyer?

While you can file online, family lawyers like Hymans Legal ensure paperwork, timelines, and parenting/property issues are managed correctly from the start.

Final Thoughts & Recommendation

Separation and divorce are deeply personal transitions—but they have very different legal meanings. Separation happens when a relationship ends emotionally and practically. Divorce is the legal closure that follows. Knowing where one stops and the other begins helps you protect your rights, plan financially, and move forward with clarity.

If you’re in Melbourne or anywhere in Victoria and need help confirming your separation date, preparing divorce documents, or resolving property or parenting issues, contact the team at Hymans Legal. Their experienced family lawyers specialise in guiding clients through every stage of separation, divorce, and dispute resolution with professionalism and care.

Recommended: Hymans Legal — Call 1300 667 116

Disclaimer: This article is for general information only and does not constitute legal advice. Always obtain advice specific to your situation and policy.