with Melody van der Wallen, Principal Lawyer at Wallen Family Law

For many people, divorce feels like the final step in ending a marriage — but legally, it’s just one part of the process.

A divorce dissolves the marriage itself, but it doesn’t finalise property division, parenting arrangements or spousal maintenance.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says it’s common for clients to be unsure about what divorce actually covers. “Divorce is a separate legal process,” she explains. “It’s simply the formal end of the marriage — it doesn’t decide who gets what or where the children live.”

When You Can Apply for Divorce

Under Australian law, you must have been separated for at least 12 months before filing for divorce.

That separation can include periods of living under the same roof, provided you can show you were no longer living as a couple.

“The law recognises that separation is a state of mind, not just physical distance,” Melody explains. “We often help clients who have separated but stayed in the same home for financial or parenting reasons.”

The Process of Getting a Divorce

Divorce applications can be made online through the Federal Circuit and Family Court of Australia.

You can file a sole application, where one person applies and serves the other, or a joint application, where both apply together.

“Joint applications are simpler and often less stressful,” Melody says. “If there’s no dispute about the marriage ending, it’s a straightforward administrative process.”

After filing, the Court will list a short hearing date to review the application and issue the divorce order. The divorce becomes final one month and one day after the hearing, at which point the marriage is officially dissolved.

What Divorce Does — and Doesn’t — Cover

A divorce order only ends the legal marriage. It doesn’t resolve issues relating to property, finances or children.

“People are often surprised to learn that a divorce doesn’t automatically divide assets,” Melody explains. “Those matters are dealt with separately, either through negotiation, Consent Orders or court proceedings.”

For parenting arrangements, the Court can only make orders after considering what’s in the best interests of the child — a separate process entirely from the divorce itself.

Important Time Limits After Divorce

Once your divorce becomes final, you have 12 months to finalise a property settlement or spousal maintenance claim.

“That time limit is strict,” Melody cautions. “If you miss it, you’ll need to seek permission from the Court to proceed out of time, and that’s not automatically granted.”

This is one of the main reasons she encourages people to get legal advice early. “Don’t wait until the divorce order comes through to start thinking about your finances,” she says. “Start those discussions well before, so you’re ready.”

For de facto couples, the timeframe is different — you have two years from the date of separation to make property or maintenance claims.

Quick Answers

How long do I have to be separated before I can get divorced?
At least 12 months, whether living apart or under the same roof.

Does divorce include property or parenting arrangements?
No. Divorce only ends the marriage. Property and parenting issues must be finalised separately.

What is the time limit after divorce for property settlement?
You have 12 months from the date your divorce becomes final to start proceedings.

Can I remarry straight after divorce?
You must wait until the divorce order becomes final — one month and one day after the hearing.

Do I need to go to Court for divorce?
Usually not. Most applications are processed online and finalised administratively unless there are children under 18 or unusual circumstances.

From Melody

“Divorce marks the end of a marriage, not the end of your legal journey. The real work often happens before and after — making sure your property, finances and parenting arrangements are fair, finalised and legally secure.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law