The marriage separation process in WA is less formal than most people expect. There is no court application to make and no form to lodge in order to separate. It starts when one of you decides the marriage is over and makes that clear. This guide sets out the steps of separation in order, the six stages, how to record your date of separation, and when to speak to a lawyer.
At Hoe Lawyers, our family lawyers in Perth help people work through each stage with clear advice and without unnecessary conflict.
What Does Marriage Separation Look Like in Western Australia?
Separation is the act of ending a marital or intimate relationship. It signifies 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.
For the legal meaning of separation and the types of separation in marriage, see our guide to separation in Australia. This page focuses on the separation process in marriage: what to do and in what order.
How long before you can apply for divorce? In Australia, you can’t apply for divorce without first being separated for the specified period, which is 12 months. Under Part VI of the Family Law Act 1975, married partners need to demonstrate a clear intent to live separate lives.
How to Get Separated: First Steps of Separation
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 separation steps can help protect your interests. If you are wondering how to initiate a marriage separation, the first move is simply to decide and say so clearly.
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.
My Marriage Is Over but I Don’t Know What to Do First
If your marriage is over but you don’t know what to do first in Perth or elsewhere in WA, keep it simple. Make sure you and your children are safe. Write down the date you separated. Collect copies of bank, loan, superannuation and tax records. Then speak to a lawyer before making big decisions.
How to Separate from Your Wife or Husband
Wondering how to separate from your husband, how to separate from your wife or how to separate from your partner? Either spouse can end the relationship, and the other spouse’s agreement is not needed. You may also be asking how to get separated from wife or husband in practical terms: say clearly that the marriage is over, ideally at a calm moment and away from the children, so there is no later dispute about the date. If you are worried about your safety, seek legal advice and support first. Don’t sign anything in a rush.
Do You Apply or File for Separation in Western Australia?
Many people ask how to file for separation in Western Australia, how to apply for a separation or whether they must apply for separation at all. As we understand the law, there is no application to lodge and no court form that creates a legal separation in WA. Separation is a fact: it happens when the relationship ends and one or both of you act on that. A court gets involved later, usually if you apply for divorce or need property or parenting orders. For help with applying for divorce WA, see our page on divorce and separation in Western Australia.
Things to Consider When Separating from Your Spouse in Western 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
6 Stages of Marriage Separation Process | Making It Legal
Here’s a breakdown of the 6 steps of separation, and the stages of separation from decision to divorce. They often overlap, and the separation process in marriage rarely runs in a straight line.
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.
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 |
4. Parenting Arrangements for Your Children
If children are involved, their well-being should come first. Arrangements should 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 arrangements without court intervention.
Courts in Western Australia focus on the best interests of the child. Our child custody lawyers in Perth can help you reach an agreement or apply for orders. For an overview, read our guide to child custody and parenting orders in WA.
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. Don’t close joint accounts or move large amounts without advice.
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.
Build a Separation Plan
A separation plan helps you prepare for separation by turning the stages above into a short list of dated actions. Cover where each of you will live and who pays for what, how the children will be cared for day to day, which accounts and debts need to be separated or notified, and who you will ask for advice.
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 can help prevent conflicts.
Here’s what you should 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.
Marriage Separation Forms and the “Separation Oath”
People often search for a marriage separation form, a certificate of separation or a “separation oath”. As we understand it, there is no official form or certificate you must complete to be separated. What you may need later is evidence: a dated note of when you separated, and an affidavit, which is a written statement sworn or affirmed before an authorised witness. The sworn statements people sometimes call a separation oath are generally affidavits used when applying for divorce.
Separation Under One Roof
Many people ask, ‘Can we stay under the same roof?’ Separation doesn’t always mean moving out. You and your ex-partner can live in the same home and still be separated. You will generally need to prove it to the court when you apply for divorce. We explain the evidence in our guide to separation under one roof in WA.
What to Do in Case of Family Law Disputes?
Family law disputes can arise during the process of separation in marriage, particularly around financial settlements, property division and parenting arrangements. If you 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 ask about family dispute resolution through Legal Aid WA. Or get legal advice from Hoe Lawyers for resolving conflict while protecting your rights and interests.
What Is De Facto Separation?
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. In WA, de facto matters may be dealt with under the Family Court Act 1997 (WA), so check your position early.
Going Separate Ways: Family Law WA and Legal Advice
When a couple go separate ways, the law works differently from what many expect. Under separate ways family law WA, nothing forces either of you to take legal action. The same applies to separate ways family law Western Australia more broadly: agreements and orders are tools if you need them, not steps you must take. Legal separation WA is less about permission and more about protecting your position, which is where separation legal advice helps. Legal advice for separation does not have to mean going to court: early advice can explain how your separation date affects your options and time limits. Our divorce and separation lawyers can tailor this to your circumstances.
Talk to Hoe Lawyers About Your Marriage Separation Process
Navigating the marriage separation process in WA is easier with someone who knows each step. For a couple separation process with children or property, our team can explain your options, help with paperwork and, where needed, represent you in court.
- Free 30-minute initial consultation
- A costs quote, with a fixed-cost option
- Phone 08 6244 5234 or email legaladvice@hoelawyers.com.au
- 200 Adelaide Terrace, East Perth WA 6004
Contact us for expert legal support
FAQs About the Marriage Separation Process in WA
1. Can I separate without my spouse agreeing?
Yes. You can 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 in WA?
Separation doesn’t require legal action, but early legal advice on separation can help set clear arrangements and avoid future conflicts.
3. What is the first step in the marriage separation process?
Decide the marriage is over, say so clearly and record the date. Then get legal advice before big decisions about money or property.
4. 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.
5. How long do we need to be separated before we can apply for divorce?
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.
6. Does a husband have to support his wife during separation?
Possibly. 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. Whether this applies to you depends on your circumstances, so get advice.