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By Andrew Banna, a Principal of Matthews Folbigg, in our Family Law Group.

It is important to recognise that divorce and parenting arrangements are two separate matters. There is a requirement that individuals wait a year in order to divorce however this time restriction is not in place in relation to making parenting arrangements. Couples can be separated and never divorce, however they are permitted to engage in parenting proceedings with a divorce lawyer immediately after separation.

In the event of a divorce or relationship breakdown it is highly recommended that individuals seek advice, particularly when children are involved. Legal advice from a divorce lawyer can assist you and your partner in negotiating and reaching short-term arrangements prior to implementing formal Court orders that may become necessary if an agreement cannot be reached.

Such short-term agreements may consist of:

  • Where the child/children will live until you reach a final agreement
  • Who will occupy the family home
  • How much time the children will spend with each parent
  • Who will pay child support

It is important to know your rights and responsibilities in relation to the care of your children following divorce. Our Accredited Family Law Specialists are able to look at the best outcome for you and give you advice in relation to your divorce and other family law matters.

For more information, visit our page on Separation and Divorce. 

For advice from a divorce lawyer contact us on 1800 300 170 or email us at

Family law situations can be complex and sometimes they can involve serious issues.  Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.