Amicable Separation: How To

Separation is rarely simple, but it does not have to become a fight. Many couples in Australia separate cooperatively, reach a fair agreement about property and parenting, and move into the next stage of their lives with far less stress. This guide explains what an amicable separation looks like in practice, how Australian family law treats agreements you reach together, and where Separately fits in.

This is general information only. It is not legal or financial advice for your situation. To make an agreement legally binding you will need independent legal advice, usually through consent orders or a binding financial agreement.

What an amicable separation actually means

An amicable separation is one where both people work through the practical questions of ending a relationship in a cooperative, respectful way, rather than through contested court proceedings. In most separations there are three broad areas to sort out:

• Property and finances. How you divide assets, debts and superannuation.
• Parenting arrangements, if you have children. Who the children live with and spend time with, and who makes long-term decisions for them.
• Ongoing support, such as child support or, in some cases, spousal maintenance.

Keeping things amicable does not mean avoiding the law or skipping advice. It means trying to agree the substance between yourselves, then using the right legal tools to make that agreement clear and binding. Couples who reach agreement can usually avoid a contested hearing, which tends to reduce both the cost and the emotional toll, and it can help preserve a workable relationship afterwards. That matters most when children are involved and you will continue to co-parent for years.

How property is divided under Australian law

Even when you agree, it helps to understand the framework a court would use, because any formal agreement has to fit within it. Australian family law does not start from a 50/50 split. Instead, the Federal Circuit and Family Court of Australia works through a structured approach to decide what is just and equitable in the circumstances. In broad terms that involves:

1. Identifying the property, liabilities and superannuation of each party.
2. Assessing each person's contributions, both financial and non-financial, including contributions to the care of the family and home.
3. Considering current and future circumstances, such as age, health, earning capacity, and the care of children.
4. Standing back to ask whether the proposed outcome is just and equitable overall.

What changed on 10 June 2025

The Family Law Amendment Act 2024 brought in significant changes to how property settlements are decided, and these took effect on 10 June 2025. They apply to most matters that are not already finalised. The key points to be aware of are:

• The economic effect of family violence must now be considered, where relevant, when working out a property settlement. The law also makes clear that economic or financial abuse, such as controlling another person's access to money or stopping them from working, can be a form of family violence.
• Companion animals (family pets) are dealt with specifically. When deciding what to do with a pet, the court must consider matters such as any history of abuse towards the animal, each person's attachment to it, and who can care for it in future. The court cannot order shared ownership or joint possession of a pet.
• The framework is now drawn more explicitly from the legislation, including the factors used to weigh contributions and future needs.

These changes are worth keeping in mind even in an amicable separation, because they shape what a fair agreement looks like.

Parenting arrangements focus on the child

If you have children, the law's starting point is the best interests of the child, not the rights of either parent. Since changes that took effect on 6 May 2024, the previous presumption of equal shared parental responsibility has been removed, and the language of the law focuses on parental responsibility and the time a child spends with each parent rather than older terms like custody.

When parents agree, they can record arrangements in a parenting plan (a written, signed and dated agreement) or apply for parenting consent orders to make the arrangement legally enforceable. Where there is family violence or safety concern, agreement is not always appropriate, and getting advice early is important.

Making your agreement official

Reaching agreement is a big step, but an informal understanding is not legally binding on its own. In Australia there are two main ways to formalise a financial or property agreement.

Consent orders

If you have agreed on property, financial or parenting matters, you can ask the court to make consent orders. You file an Application for Consent Orders together with a signed copy of the orders you are seeking, usually through the Commonwealth Courts Portal. The court can only make the orders if they comply with the Family Law Act, and for financial matters that means they must be just and equitable. A filing fee applies, though exemptions are available in some circumstances. Once made, consent orders are orders of the court and are legally binding, even though there is no hearing.

Binding financial agreements

A binding financial agreement is a private contract between you about how property and finances are dealt with. For it to be binding, each person must receive independent legal advice before signing, and strict legal requirements must be met. This is one reason independent legal advice is essential for any formal settlement.

Time limits to keep in mind

There are deadlines for applying to the court for a property settlement. If you were married, you generally have 12 months from the date your divorce becomes final. For de facto couples, the limit is generally two years from the date of separation. Applying outside these periods is possible only with the court's permission, which is not guaranteed. Because the timing can be easy to overlook during an amicable split, it is worth getting advice well before any deadline.

Where Separately fits in

Separately is an online tool that helps you understand your property situation before you sit down to negotiate or see a lawyer. You enter details about your assets, debts and superannuation, and Separately produces a clear assessment to help you see the full picture together. Having a shared, organised view of your finances can make conversations calmer and more productive, and it gives you a useful starting point for getting legal advice.

Separately is not a substitute for legal advice and does not make your agreement binding. It is a way to prepare, so that when you do formalise things through consent orders or a binding financial agreement, you arrive better informed.

A calmer way forward

An amicable separation is very achievable with clear information, good preparation and the right support. Take it one area at a time, keep the focus on a fair outcome, and get independent legal advice before you sign anything. With a clear picture of where you stand, the path ahead becomes a little easier to walk.