Key points
- You don’t need to be divorced to sort out parenting and property arrangements. Many people do this soon after separating.
- Decisions about children are based on the child’s best interests. There’s no automatic 50/50 time arrangement.
- To apply for a divorce, you must have been separated for at least 12 months.
- Agreements can be made legally binding through consent orders or, for property, a binding financial agreement.
Step 1: Look after safety and the basics
If you or your children are unsafe, call 000 in an emergency. You may also be able to seek an intervention order. Otherwise, start with the practical basics: where everyone will live for now, how the mortgage or rent and other bills will be paid, and how the children will spend time with each parent in the short term.
Step 2: Write down the key facts
- The date you separated. It matters for divorce and for property time limits.
- A list of assets and debts, including property, bank accounts, superannuation, vehicles, businesses, loans and credit cards.
- Copies of key documents, such as bank and super statements, tax returns, payslips and loan statements.
Step 3: Parenting arrangements
Parents are encouraged to agree on arrangements for their children wherever it’s safe to do so. When decisions are made under the Family Law Act 1975 (Cth), the child’s best interests are the paramount consideration. That includes the child’s safety, their views, their developmental needs, and the benefit of a relationship with each parent where it’s safe.
Since May 2024, the law no longer starts from a presumption of “equal shared parental responsibility”. There is no automatic 50/50 time arrangement. Every family is assessed on its own circumstances.
You can record an agreement in a parenting plan, which is signed and dated but not legally enforceable, or in consent orders made by the Federal Circuit and Family Court of Australia, which are enforceable.
Step 4: Property and finances
Property settlement divides the assets and debts of the relationship. There are strict time limits: generally 12 months after a divorce takes effect, or 2 years after separation for de facto couples. Read our guide to property settlement after separation for how it works.
In some cases, one person may need to pay the other spousal maintenance if they can’t adequately support themselves and the other person can afford to help. Child support is generally handled separately through Services Australia.
Step 5: Divorce
A divorce ends the marriage legally, but it doesn’t deal with children or property. To apply, you must have been separated for at least 12 months. You can be separated “under one roof” for part of that time, but you’ll need to provide extra evidence. If there are children under 18, the court must be satisfied that proper arrangements have been made for them.
Reaching agreement: your options
- Direct negotiation, with or without lawyers.
- Family dispute resolution or mediation, which is generally required before you can file parenting proceedings, unless an exception such as family violence or urgency applies.
- Consent orders, to make agreements about children and property legally binding.
- Court proceedings, if agreement isn’t possible.
How we can help
Asher Freeman Lawyers is a Chadstone law firm helping families across Victoria with family law, including separation advice, parenting arrangements, property settlements, consent orders and financial agreements. We aim for practical, cost-effective outcomes, and quote fixed fees where possible.
Frequently asked questions
Do I have to wait 12 months to sort out property or parenting?
No. The 12-month separation period only applies to applying for a divorce. You can reach parenting and property agreements at any time after separating.
Is there a 50/50 rule for children's time?
No. Arrangements are based on the child's best interests. Since May 2024, there's no presumption of equal shared parental responsibility.
Is a parenting plan legally binding?
No. A parenting plan is a written agreement but it isn't enforceable. Consent orders made by the court are legally binding.
Do I need to go to mediation?
Generally, yes, before starting parenting proceedings, unless an exception applies, such as family violence or urgency.
This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.
