What is a divorce really, and where do property settlement and parenting arrangements enter the picture? It can feel overwhelming, especially at a time when you’re navigating so much change at once. But a clear understanding of the legal terms and processes can bring a sense of calm, grounding, and direction, even amid uncertainty.
By the end of this guide, you’ll know what each process involves, when they might be needed, and how they all work together to form the foundation of your next season.
At Hansen Family Law, we believe lasting resolution and peace of mind comes when you understand your options and own your decisions. Our role is to be your guide, helping you navigate the legal processes relevant to your circumstances, while providing confidence and clarity about the pathway forward.
Ready for support that’s specific to your situation? Book your consultation and we’ll help you work out which steps you need to take right now.
The big picture and how these three processes connect
Before diving into the specifics, it’s helpful to understand that divorce, property settlement, and reaching agreement on parenting arrangements are separate legal processes. They can happen independently or together.
In fact, you actually don’t need to complete them in any particular order, and you don’t need to do them all at once. This flexibility allows families to focus on what matters most to them right now.Most importantly, our team can help create a simple, personal roadmap with you that it specific to your situation. If parenting needs attention first, we start there. If finances are urgent, we focus on property. If you’re ready to finalise your marriage, we’ll guide you through the divorce process.
What is a divorce?
It’s common to think of divorce as the first step when a marriage ends, but legally, that’s not quite accurate. Divorce is the formal termination of your marriage.
Australia has a no-fault divorce system, which means the Court doesn’t look into the reasons for the breakdown.
In Australia, we have a no-fault divorce system, which means the Court doesn’t investigate why the marriage ended. You only need to show that the relationship has ended, and that you’ve been separated for at least 12 months.
A Divorce Order:
- officially dissolves the legal marriage.
- triggers an important deadline that is a12-month period in which to finalise your property settlement.
- and can provide emotional closure, allowing both parties to move forward.
Are you eligible to apply for a divorce?
- You must be separated for at least 12 months with no reasonable likelihood of reconciliation.
- You or your spouse must be an Australian citizen or resident
Learn more about how and when to apply for a divorce, or speak with our team for tailored advice.
The divorce process timeline:
- Application filing: Submit your divorce application to the Family Court of Australia with required documents
- Serve the application: If applying alone, you must serve the application on your spouse 28 days before the Court hearing.
- Court hearing: Attendance may be required in certain circumstances, or you application may be heard in your absence.
- Divorce order: Your divorce order will then be made and comes into effect one month and one day later. Many people don’t realise that getting a divorce doesn’t automatically resolve property settlement or parenting matters. These are separate processes that need their own attention, and we can help you with each of those too.
What is a property settlement?
A property settlement is the process of dividing assets, debts, and financial resources between separating partners. It formally ends the financial relationship and provides each person with independence and certainty for the future.
Both married and de facto couples can finalise their property settlement in the same way, and while it’s more involved process than the divorce itself, it’s an essential part of achieving closure and financial stability.
What’s included in property settlement
All of your assets, liabilities, superannuation and financial resources are considered, including:
- Real estate (family home, investment properties)
- Superannuation funds and retirement savings
- Business interests and investments
- Personal property (cars, furniture, jewelry)
- Bank accounts and savings
- Debts and liabilities (mortgages, credit cards, loans)
Property settlement timing
Many couples mistakenly beleive they must wait until after divorce to begin property settlement. In reality, you can, and often should, start your property settlement before or alongside your divorce application.
Doing so can reduce stress, provide clarity sooner, allow you to move on, and prevent additional costs and stress brought about by looming deadlines and limitation dates.
Property settlement has strict deadlines, and missing them can cost you significantly:
- For married couples: 12 months from the date your divorce order takes effect
- For de facto couples: 24 months from the date of separation
Leaving your property settlement too close to the limitation date can also result in one party having to start court proceedings to “protect” the limitation date.
What is an agreement for parenting arrangements?
An agreement on parenting arrangements or parenting plan establishes how separated parents will care for their children, inlcuding child custody arrangements andhow major decisions are made about their upbringing.
These agreements focus on what’s in the children’s best interests and how parents can work together constructively.
Key elements of parenting arrangements
- Living arrangements: Where children spend their time and primary residence
- Decision-making responsibility: Who makes major decisions about major long term issues such as education, health, and welfare
- Communication protocols: How parents will communicate about the children
- Special occasions: Arrangements for holidays, birthdays, and significant events
- Dispute resolution: How future disagreements will be handled
- Transition arrangements: How children move between homes, sometimes referred to as handover or changeover
When should parenting arrangements be agreed upon?
Unlike divorce and property settlement, parenting arrangements often need immediate attention to help transition children into a new routine.
In the early weeks after separation, you may wish to start with an interim arrangement. A short-term plan gives children predictability while the adults work through the detail. We often help families put a simple interim plan in place quickly, so children have routine and both parents know what to expect. As things settle, we can revisit the plan and, if it’s working well, turn it into a longer-term parenting plan or consent orders.
What happens if we can’t agree on parenting arrangements or property settlement?
Our approach focuses on finding meaningful solutions through negotiation and collaboration before considering mediation or court proceedings as a last resort. We believe lasting resolution comes when you own your decisions, so we work to preserve relationships and find common ground.
If agreement isn’t possible through negotiation or collaboration, we’ll guide you through legal processes such as mediation while maintaining our calm, respectful, non-aggressive approach that prioritises your family’s wellbeing and future harmony.
Common myths about what a divorce is
“I have to go to court for everything, and it’s going to cost a fortune”
Most matters are resolved through negotiation, mediation, or collaborative practice. Court is typically a last resort.
Approaches like collaborative practice or mediation often see matters resolve matters quickly and outside of court which means significantly lower costs and stress for all parties.
“Divorce means I’ll lose everything”
Property settlement, when done well, considers contributions and future needs and what is fair and equitable overall.
The process you choose (collaborative or adversarial) is pivotal to the outcome and whether parties feel that the outcome was fair overall.
“I need to wait for divorce before sorting property and parenting agreements“
You can start property settlement before, during, or after divorce proceedings. In fact, many couples begin their property settlement before their divorce proceedings. This approach can save time and reduce stress by addressing divorce at an appropriate time in the property settlement.
At Hansen Family Law, we help you determine the best timing for your specific circumstances, ensuring you don’t miss important deadlines while maintaining control over your journey.
Support for your divorce, property, and parenting decisions
Many families spend the separation period working through parenting and property, then apply for divorce when the time is right. Others start with property to create financial stability sooner or put interim parenting arrangements in place first, so the children have a steady routine. There isn’t one “right” order. It often depends on the level of agreement between you.
In family law, as in life, progress is often made one careful step forward at a time. The clearer we can make these steps for you, the easier it is to move through the process.
At Hansen Family Law, we’ll meet you where you are, explain your options in plain English, and walk alongside you, whether you need help with one process or all three.
When you’re ready, we’re here. Book your initial consultation and we’ll create a plan that feels manageable, practical, and right for your family.
