02/06/2026
"We're basically divorced, we just never did the paperwork."
Said by half the people who walk through our door for property settlement.
Separation and divorce are not the same thing. They're two different events, and sometimes people use the words interchangeably until the day it matters.
The short version:
Separation happens the day one of you decides it's over and lets the other person know. There's no form, but you do have to actually tell them.
Divorce is the legal end of the marriage, and you can't apply until you've been separated for at least 12 months.
The bit nobody mentions: once your divorce is finalised, you have 12 months to either resolve your property settlement or commence proceedings in the family court. After that the door starts to close.
Remember this one. It tends to come in handy :)