Marriage is built on love and trust, but sometimes, staying together is no longer an option. Separation is never easy. It’s emotional, overwhelming, and full of uncertainty. What happens next? How do you protect your rights?
At Hoe Lawyers, we understand the challenges of separation. As trusted family lawyers in Perth, we’ve helped countless clients navigate this difficult time with expert legal guidance
Let us guide you on how to gracefully close a painful chapter of your life.
What is Separation?
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.
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.
How to Get Separated?
Separation doesn’t require permission from your partner. It starts when one person decides the relationship is over and communicates this clearly. You don’t need to apply to a court or fill out forms to make it official. But taking a few steps can help protect your interests.
Steps to Take When Separating:
- Record the Date of Separation – Write down the date or ask a friend to do it as proof.
- Inform Key Organisations – Notify banks, Medicare, and other relevant services.
- Seek Legal Advice – Understand how separation affects your rights, property, and children.
- Arrange Child Support – If you have kids, consider applying for child support.
- Update Your Documents – Revise your Will, superannuation, and insurance details.
Things to Consider When Separating in Australia
Separation isn’t just about living apart. It affects your legal, financial, and personal situation. Here’s what to keep in mind:
- You can apply for divorce 12 months after separation if you’re married.
- After divorce, there are time limits for property settlement and spousal maintenance claims.
- De facto couples also have time limits for property and financial settlements.
- If you receive government benefits, apply for child support within 13 weeks of separation.
- If you’re on a temporary visa, separation may affect your immigration status—seek legal advice.
- Separation can impact your tax obligations and financial responsibilities.
- Your Will and retirement may still benefit your ex. Update them to reflect your wishes.
Read more about > Time Limits for Family Law in Western Australia
Let’s go through the stages of a formal marriage separation in Australia:
Stages of the Separation Process | Making It Legal
Separation can be an emotionally challenging journey. But taking the right steps can help make the process smoother and more structured. Here’s a breakdown of the key stages involved in legally separating in Western Australia:
1. Making the Decision to Separate
Separation starts when one or both partners decide the relationship is no longer working. This can be a tough decision which mostly involves difficult conversations or even counselling to ensure both parties are certain.
Take your time. There’s no need to rush. Clarity of mind can lead to better communication and fewer conflicts later.
2. Announcing the Separation
Once you’ve made the decision, it’s time to inform those affected. This includes:
- Your Partner: A clear and respectful conversation can help set the stage for a smoother transition.
- Your Children: Have kids? prioritise their emotional well-being and explain the situation in an age-appropriate way.
- Friends & Family: Letting close ones know can provide emotional support.
- Legal Documentation: While not mandatory, written proof of separation (such as an affidavit) can help in legal matters.
3. Living Separately
Some couples continue living under the same roof but lead separate lives. Either way, setting clear boundaries is essential.
| Key Considerations | Living Apart | Living Under One Roof |
| Sleeping Arrangements | Separate residences | Different rooms |
| Financial Independence | Separate bank accounts, bills, and expenses | Clear division of financial responsibilities |
| Household Responsibilities | Individual decision-making | Shared but well-defined tasks |
| Legal Documentation | Change of address and asset division paperwork | Written proof of separation, e.g., affidavits |
Keeping records of these changes can be useful if legal proof of separation is needed later.
4. Child Custody Arrangements
If children are involved, their well-being should come first. Custody arrangements should be fair and focus on stability and emotional support. They involve:
- Parenting Plans – A written agreement outlining where children will live, school arrangements, and visitation schedules.
- Consent Orders – A legally binding agreement approved by the court.
- Family Mediation – Helps parents agree on custody without court intervention.
Regardless of who has primary custody, both parents have responsibilities. Courts in Western Australia consider the best interests of the child rather than automatically favoring one parent.
5. Sorting Out Finances & Property
Financial separation is crucial to avoid disputes later. Both partners should work out how to divide:
- Assets (homes, cars, savings)
- Debts (loans, credit cards)
- Joint Accounts (bank accounts, insurance policies)
- Superannuation (Retirement Funds)
Legal Advice Recommended: Even if you both agree, formalising property settlements through consent orders or court applications ensures legal protection.
6. Applying for Divorce
In Western Australia, couples must be separated for at least 12 months before applying for divorce. This proves the relationship has irretrievably broken down.
You or your spouse must meet one of these conditions:
- Be an Australian citizen
- Live in Australia and consider it your permanent home
- Have lived in Australia for at least 12 months before applying
Once granted, divorce finalises the legal end of marriage, allowing both individuals to move forward independently.
Need a step-by-step guide on divorce? Read our detailed divorce process guide.
Let’s get into the details of it.
Is the Date of Separation Important?
Absolutely! The date of separation determines when you can apply for divorce and impacts property settlements and other legal matters. Disagreements about when the relationship ended can cause legal issues. Keeping records of important events and conversations related to separation can help prevent conflicts.
Here’s what should you do:
- Record the date on your phone or calendar.
- Tell a trusted friend or family member to have an external witness.
- Prepare an affidavit with your ex-partner to avoid disputes later.
What if you move back in together?
If you reconcile for up to 3 months, the separation periods before and after will still count as one continuous separation. However, the time spent together won’t count towards the required 12-month separation period for divorce.
What Is Separation Under One Roof?
Separation doesn’t always mean moving out. You and your ex-partner can live in the same home but still be separated, which is called “separation under one roof.”
Under Australian Family Law (1975), you can remain in the same home after separation, often for financial or practical reasons. However, you’ll need to prove your separation to the court when applying for divorce.
In an affidavit, you may need to confirm:
- Sleeping in separate rooms
- Keeping separate finances
- Preparing and eating meals separately
- No longer sharing household tasks
- Not attending social events together
- Informing friends and family about the separation
Both partners may need to swear to these statements and attend the divorce hearing if extra proof is required. Even if you still share a home, these steps help legally recognise your separation.
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 important to deal with these complexities.
Facing a marriage separation?
Let Hoe Lawyers Guide You Through Every Legal Step in Marriage Separation Process
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.
Together, we’ll work toward achieving a fair resolution. And set you on the path to a brighter future.
Contact us today for expert legal support
FAQs About Marriage Separation in Australia
1. What are my rights during separation in Australia?
You have the right to leave a marriage or relationship at any time. No legal steps or permissions are needed. Additionally, no one can force you to leave your home.
2. Do I need a lawyer for separation?
While separation doesn’t require legal action, getting advice early can help set clear arrangements. This makes the process smoother and avoiding future conflicts.
3. How does separation in Western Australia affect child custody?
Child custody decisions are based on what’s best for the child. The court considers various factors, including parenting roles, emotional bonds, and stability, rather than favouring one parent over the other.
4. Who is more likely to get custody of a child?
Mothers have traditionally been granted custody more often. But now this is changing. Courts now prioritise the child’s best interests and consider both parents’ ability to provide care.
5. Does one of us have to move out when we separate?
Not necessarily. Many couples remain under one roof while separated. If you’re facing domestic violence, seek legal advice to understand your options for safety and support.
6. How long do we need to be separated before divorce in Western Australia?
You must be separated for at least 12 months before applying for divorce. Additionally, either you or your spouse must be an Australian citizen, regard Australia as your permanent home, or have lived in Australia for at least 12 months.
7. Does a husband have to support his wife during separation in Australia?
Yes, under the Family Law Act 1975, a spouse may need to provide financial support if their former partner can’t meet their reasonable expenses on their own.
8. What’s the difference between separation and divorce in WA?
Separation:
- Can be initiated by one or both partners
- Doesn’t require legal paperwork
- May involve sharing household duties and finances
Divorce:
- Requires a formal application to the court
- Proves the marriage has “irretrievably broken down”
- Officially ends the marriage and allows for remarriage