How to Get Divorced in Australia: Legal Steps, Costs & What to Expect

By Molly Benjamin, Founder of Ladies Finance Club

Listen to the full podcast here.

Divorce can feel like one of the most emotionally and financially overwhelming experiences a woman can go through. But with the right legal advice, support, and knowledge of your rights, you can come out the other side with clarity, confidence, and control over your future.

In this episode of Get Rich, Molly chats with Chloe Reay, a family lawyer from Lander & Rogers, to demystify the Australian family law process. covering everything from separation and property settlement, to child support, mediation, and navigating the system if family violence is involved.

What’s the Difference Between Separation and Divorce?

Let’s clear this up: separation happens when one person communicates that the relationship is over. You don’t have to move out to be considered separated. Divorce is the formal legal process of ending a marriage, which you can apply for after 12 months of separation.

But here’s the catch, once your divorce is finalised, you only have 12 months to legally resolve your property settlement. That’s why Chloe often recommends getting your financial matters sorted first.

Understanding Property Settlement in Family Law

One of the most important parts of navigating a divorce or separation is the property settlement. And it’s not just about who paid for what. Under family law, everything, your home, cars, bank accounts, investments, superannuation, even crypto, goes into the shared asset pool.

The court then looks at each partner’s financial and non-financial contributions (like being a stay-at-home mum), their earning potential, and their future needs before deciding on a fair split.

Superannuation, while often overlooked, is included in this process and can be split between partners. Chloe stresses that getting this part right and documented legally, is crucial for long-term financial security.

Child Support: What You Need to Know

If kids are involved, child support is assessed separately. Payments can be calculated through Services Australia or agreed upon privately via a binding child support agreement especially useful if private school fees or medical expenses are in the mix.

Even if one parent isn’t working, the other may still be liable to pay. Chloe points out that proper planning here ensures both parents can support the child’s needs post-separation.

The Power of Mediation

Here’s something that might surprise you: most separations don’t go to court. Chloe explains that over 80% of her cases are resolved through mediation, a process where a neutral third party helps both sides reach an agreement. It’s faster, cheaper, and less stressful than litigation. Think of it as a productive conversation with structure.

And when mediation doesn’t work, that’s when court proceedings might be needed but it’s usually a last resort.

Legal Protections for Victims of Family Violence

If family violence is a concern, Chloe highlights how recent updates to the Family Law Act now better recognise coercive control and abuse. Tools like the Lighthouse Project help identify high-risk cases and offer additional support and protection, including intervention orders to ensure safety.

No one should have to stay in an unsafe situation. Knowing there are legal protections and resources available is crucial.

What About De Facto Relationships?

Here’s something many people don’t realise: if you’ve been living together for two years or less in some cases, you may be considered in a de facto relationship, and that means family law applies. Yes, that includes property settlement, spousal maintenance, and child support.

Chloe’s tip? If you're in a new or casual living situation, keep your finances separate and don’t assume you're not legally bound.

Common Mistakes to Avoid

Some of the biggest mistakes Chloe sees women make during divorce or separation include:

• Not formalising agreements in writing—verbal arrangements are not enforceable.
  
  
• Posting too much on social media—your posts can be used as evidence in court.
  
  
• Taking legal advice from friends—every relationship and legal case is different.
  

It’s also common for people to underestimate what they’re entitled to or avoid legal advice because they’re afraid of costs. But as Chloe explains, not knowing your rights can be far more costly in the long run.

A Real-Life Success Story

Chloe shares the story of a client who bought a property during lockdown and never formalised a financial agreement with her ex. Years later, when the property had grown significantly in value, her ex tried to claim more than initially agreed. It was a harsh reminder that property settlements must be legally documented to be enforceable.

If you're going through a separation or considering divorce, the most empowering thing you can do is get clear on your rights. You don’t have to figure it all out on your own. Whether you're in a marriage or a de facto relationship, the legal system is there to protect you, you just need to know how to use it.

Need help or support?
Visit Lander & Rogers to book a confidential consultation with one of Australia’s largest and most experienced family law teams. Offices in Melbourne, Sydney, and Brisbane. and they work with clients nationwide.

Want to take control of your financial future?
Join our Free Online Wealth Summit on August 29! It’s a full day of expert talks, investing tips, and financial confidence-building strategies. Register here.

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