Separation & divorce:
the first moves matter most.

Should I move out of the family home?

Don't decide this in a heated moment — and don't assume you have to. Moving out doesn't forfeit your share of the property. But it shapes the practical reality around the children: where they sleep, which school run you do, what "normal" looks like before anyone formalises arrangements. Courts give weight to the status quo. Well-meaning friends routinely tell fathers to "just give her space" — and those fathers spend a year fighting to claw back time that was theirs all along. Talk to us first; sometimes leaving is right, but it should be a strategy, not a reflex.

What should I do in the first 30 days?

Stabilise the kids' time with you, secure your records, and say less in writing. Specifically: keep your time with the children consistent and documented. Gather financial records — payslips, statements, super, loan documents — while you still have easy access. Open your own bank account and redirect your pay. Update passwords. Keep every text and email civil; assume a judge will read it one day. Don't sign anything, agree to "temporary" arrangements, or move money around without advice.

How does divorce actually work in Australia?

Divorce is the easy part — it's a paperwork process available 12 months after separation. Australia has no-fault divorce: the only ground is that the marriage has broken down irretrievably, shown by 12 months of separation. You can even be separated under the same roof — though that needs supporting evidence. The divorce itself doesn't deal with children or property — those are separate processes. It does start a 12-month clock on property claims. We handle the application and make sure the things that actually matter aren't left to drift.

We were never married — does any of this apply to me?

Yes. De facto fathers have substantially the same rights and obligations regarding children, and similar property entitlements. Parenting law doesn't distinguish between married and unmarried fathers at all. For property, de facto couples (generally two years together, or a child of the relationship) can seek settlement much like married couples — but with a two-year time limit from separation. If you weren't married, the clock may already be running.