Marriage is a bond built on love, trust, and shared dreams. But sometimes, despite the best efforts, staying together becomes impossible.
In such a situation, marriage separation becomes a difficult yet necessary step. It’s an emotional, uncertain and life-changing time. Filled with questions about what comes next for you, your family, and your future.
At Hoe Lawyers, we understand how overwhelming this time can be. As leading divorce lawyers in Perth, WA, we have supported clients through countless separations since 2009. Our empathetic team provides expert legal guidance to reduce stress and achieve fair outcomes for you.
Let us guide you on how to gracefully close a painful chapter of your life.
Understanding Separation Definition & Meaning
Separation is the act of ending a marital or intimate relationship. Signifying that the couple no longer wishes to live as partners. This transition doesn’t necessarily require legal formalities. It can begin as soon as one partner decides they no longer wish to remain in the relationship.
The separation process involves:
- Mutual agreement
- Financial arrangements
- Child care measures
In Australia, you can’t apply for divorce without the specified separation duration. i.e. 12 months. Under Part VI of the Family Law Act 1975, married partners need to demonstrate clear intent to live separate lives.
It is surely an upsetting time for both partners and their families. The complexities increase even more if children are involved. Knowing the separation definition & meaning is important to lead through the process.
Let’s understand the different types of divorce.
Types of Marriage Separations
1. Informal Separation
Informal separation occurs when couples part ways without involving the legal system. They decide the financial matters and other terms mutually without any legal proceedings.
This approach works well for those with minimal shared responsibilities or those who maintain a cordial relationship. However, informal arrangements lack the legal protection of a formal agreement. That can lead to complications if any dispute arises later.
2. Legal Separation
A legal separation is a formal process that legally documents the end of a marital relationship. This involves court orders, separation agreements, and legal proofs of all important decisions.
Legal separation offers clarity and protection. Particularly when disputes arise or when significant assets are involved. A legal separation can be used as a precursor to divorce. Or the couple can also choose to reconcile or stay separated without divorce.
Let’s go through the steps involved in a formal marriage separation.
Steps to the Separation Process | Making It Legal
The following steps are required to go through the separation process wisely and confidently. These arrangements leave minimal room for conflicts or issues. And you can have some peace of mind in such a tragic time.
1. Taking a Mutual Decision
The decision to separate begins with one or both partners recognising that marriage is no longer viable. This stage may involve difficult conversations, and in some cases, counselling or mediation to ensure the decision is mutual and considered.
We suggest not taking any steps in haste. Give yourself some time to get clarity of mind. Then discuss with your partner honestly. A clear and respectful understanding of each other’s feelings can set the stage for smoother proceedings.
2. Announcing the Separation
Once the decision is made, it’s essential to communicate it clearly and respectfully. If children are involved, this conversation should be handled with care. By prioritising their mental and emotional well-being.
Inform your friends and family about your decision. Also, prepare a written proof of your separation i.e. an affidavit. For couples living under one roof, this step also involves defining new household arrangements.
3. Living Separately
Living separately is a significant part of the separation process. You can decide to change your home but it is not necessary. You can also decide to end your relationship while living under the same roof.
This includes establishing boundaries. Such as sleeping in different rooms, separating finances, and dividing household responsibilities. Documenting these changes can be helpful for legal proceedings later.
4. Deciding on Child Custody
One of the most sensitive aspects of separation is determining child custody arrangements. Parents must prioritise the best interests of their children. And try their best to provide a stable and supportive environment for them.
Parenting plans or consent orders can help formalise these arrangements. The children’s wishes and opinions should also be taken into account. And no matter who gets the custody, both parents should understand their roles and responsibilities.
5. Making Financial Decisions
Shared assets and liabilities should also be divided through a formal written agreement at the time of separation. So, the disputes can be prevented and a peaceful process can be assured.
Couples must decide how to handle property, savings, debts, and other financial responsibilities. Legal advice is important to arrange necessary agreements and consent orders. Or applying for financial orders through the court.
6. Applying for Divorce
After living separately for 12 months, you can apply for divorce according to the Australian law. Because no reconciliation even after this time means the decision was not momentary. And it is clear that the couple can’t live together anymore.
Get Details of Divorce at: How To Get A Divorce In Western Australia | A Legal Guide
The divorce process finalises the legal end of the marriage. Allowing both parties to move forward in their life. The divorce process needs a clear record of the separation process. And proper proof of when did the separation happen.
Let’s get into the details of it.
Is the Date of Separation Important to Remember?
Yes, the date of separation is the most important detail in any family law case. This date determines when you can apply for divorce. And it also affects property settlements and other legal proceedings.
You should record the date you separate from your ex-partner on your phone or a calendar. Also, share it with some external independent people as a witness. Don’t forget to prepare a proper affidavit of the date with your partner.
Because disputes over the separation date can arise. If one partner disagrees about when the relationship ended. Keeping a record of significant events & conversations about separation can resolve such disputes.
Can You Live Under One Roof After Separation?
Yes, under Australian Family Law 1975, it is possible to remain in the same home after separating. This situation is referred to as “separation under one roof.”
It can be due to convenience or financial reasons. However, you will need to provide extra proof of separation to the court. This can be a sworn statement on an affidavit by the applicant of divorce. Or both partners if it is a joint application.
Evidence of separation under one roof needed in an affidavit includes:
- Sleeping in separate rooms.
- Maintaining separate finances and accounts.
- Preparing and eating meals separately.
- Ceasing shared domestic tasks and household duties.
- Not attending any events or gatherings together,
- Informing friends and family about the separation.
These measures help in recognising your separation legally. Even if you continue to share a home. Both partners should swear to these statements and attend the divorce hearing. In case the court needed any extra information.
What to Do in Case of Family Law Disputes?
Family law disputes arise during separation process. Particularly around financial settlements, property division, and child custody. If you and your partner cannot reach an agreement, legal intervention may be necessary. Options include:
- Mediation: A neutral mediator helps both parties negotiate an agreement.
- Consent Orders: Formalising agreements through the Family Court for legal certainty.
- Court Proceedings: In cases of unresolved disputes, the court makes binding decisions.
You can apply for dispute resolution via the Australian Family Court. Or get legal advice from Hoe Lawyers for resolving conflict while protecting your rights and interests.
De Facto Separation: What Is It?
De facto relationships involve couples who live together in a domestic partnership without being married. When de facto couples are going through separation. They also face the same legal considerations as married couples except for the divorce process.
Australian law allows de facto partners to apply for financial or property orders within two years of separation. To qualify, the relationship must meet certain criteria. Such as a minimum duration or shared financial dependence.
Legal advice is essential to deal with these complexities.
Dealing with Separation: 7 Practical Tips
Going through the separation process is overwhelming both emotionally and logistically. Here are some practical tips to help you manage this challenging time:
- Take time to process your emotions. Seek support from friends, family, or professionals, and focus on self-care to protect your emotional well-being.
- Prioritise honest and respectful communication with your partner and share your POV about the relationship openly.
- Update your personal details including your bank, utility, internet and telephone accounts.
- Updating your superannuation beneficiaries and wills. Also cease the joint bank account if you are using it.
- Discuss all the arrangements and separation terms with your partner.
- Keep records of important events, financial documents, and communications to simplify legal proceedings.
- Seek legal guidance andunderstand your rights and obligations for making informed decisions.
Wrapping Up the Separation Guide
Separation is a journey that requires careful planning and support. From making initial decisions to finalising legal arrangements. Every step plays a role in shaping your future and expert guidance is needed for it.
Whether you’re addressing financial matters, child custody, or legal requirements. Having an experienced legal partner can make the process more manageable. So that your interests are protected at every stage.
Need Guidance for Getting Divorced or Separating with Minimal Stress?
Get Legal Support in Your Separation Journey with Hoe Lawyers
At Hoe Lawyers, our legal expertise can guide you through every stage of the separation process. Our experienced team of divorce lawyers in Perth, WA, provides expert legal advice. Along with representation in court and paperwork assistance.
Reach out to us today for confidential support and expert legal guidance. Together, we’ll work toward achieving a fair resolution. And set you on the path to a brighter future.