Going through a separation can be one of the most emotionally overwhelming times in your life, especially when kids, finances, or even domestic violence are part of the picture. But don’t worry. You don’t have to face it alone.
At Hoe Lawyers, we’re here to make the separation process clear, manageable, and less daunting.
Legal separation in Australia doesn’t require formal paperwork. But understanding the meaning of separation and its impact on your finances, property, and children is important. From timing your marriage separation to securing fair arrangements, this guide breaks down everything you need to know in 2025.
With our family law experts by your side, you’ll get compassionate and expert legal guidance. So, let’s get into the separation definition, legal steps, and practical tips to protect your interests and find peace of mind.
What is the Meaning of Separation in Australia?
In Australia, separation means a relationship has broken down, and at least one partner has expressed that there’s no reasonable chance of getting back together.
Simply put, the separation happensis when you and your partner stop living as a couple, whether that’s by moving apart or living separately under the same roof.
Under separation law in Australia, you don’t need formal paperwork to separate, but you must show a clear intention to end the relationship.
For legal separation Australia, separation is a key step toward divorce or resolving financial and parenting matters. If you’re married, you need to be separated for at least 12 months before applying for a divorce in the Family Court of WA. For de facto couples, the separation process is similar, but you have two years from the date of separation to start financial proceedings unless you get court permission to apply later.
Did You Know? You can be separated under one roof in Australia.
This means you live in the same home but no longer act as a couple, like sleeping in separate rooms or managing separate finances. You’ll need evidence, like affidavits from friends or family, to prove the separation if you apply for a divorce.
Important Things to Handle Right After Separation
Ending a relationship is emotional. But there are a few practical things you’ll want to tackle early to avoid headaches down the track:
- Living Arrangements for the Kids: Decide where the children will live and who will care for them.
- Money Matters: Work out how you’ll both manage financially moving forward, especially when it comes to supporting the kids.
- Bills and Debts: Agree on who’s paying the rent, mortgage, or any shared debts.
- Who Stays in the House?: Make a clear decision on who’ll remain in the family home.
- Update Government Agencies: Inform Centrelink, Medicare, and the Child Support Agency of your separation.
- Notify Banks & Insurers: Tell your bank, insurance companies, and super fund about the change in your relationship.
- Let Loved Ones Know: Telling friends and family helps with emotional support. And in some cases, they may need to provide statements later.
These early actions can help smooth out the process, especially if you’re thinking about applying for divorce or dividing assets down the track.
Read more details about > Marriage Separation Process in Australia
Who Does Separation in Australia Apply To?
Separation Australia applies to both married and de facto relationships. Here’s how it works:
- Married Couples
For married partners, separation is the first step in the divorce process. You must be separated for 12 months and 1 day before you can apply for divorce, as per the Marriage Act 1961 and Marriage Amendment Act 2017.
Even if you’re separated, the legal marriage isn’t over until the court grants a divorce. Also, keep in mind, divorce only ends the marriage; it doesn’t automatically sort out property or parenting matters. Those require separate legal processes.
We’ll mention again that you also don’t have to appear in court for most divorce cases. And yes, you can still apply even if you’re living under the same roof—but you’ll need to provide extra evidence to show you’re genuinely separated.
- De Facto Couples
A de facto relationship,as defined by the Family Law Act 1975, involves two adults (same-sex or opposite-sex) who live together in a genuine domestic partnership for at least two years, or who share a child.
While there’s no marriage certificate involved, the legal rights around separation are very similar to those for married couples, especially when it comes to property division and child custody.
Here’s the catch: because de facto couples don’t have official paperwork like a marriage certificate, you may need to prove your relationship was genuine and long-term before the court accepts your application.
If there are no shared finances or children, a legal separation may not even be necessary. But if you’re unsure, it’s best to get advice from a family lawyer who can look at your situation and guide you through the next steps.
7 Legal Steps to Navigate Separation in Australia
The separation process in Australia can feel overwhelming, but knowing your legal rights and responsibilities can make things much smoother. Let’s break down all the legal steps to help you navigate this important life change.
1. Understanding Separation
Separation in Australia starts when one or both partners decide the relationship is over, and clearly communicate that decision. It doesn’t matter who leaves or even if you continue living under the same roof.
What’s important is that one person has made it clear the relationship has ended permanently.
You don’t have to move out to be considered separated. Many couples continue living in the same home during separation, often due to finances or children. However, in these cases, it’s essential to show you’re living separate lives.
Now, let’s discuss the types of separation. In Australia, separation can be informal or legal. And understanding the difference is key to planning your next steps.
(i) Informal Separation
This is the most common kind. Here, you and your partner agree to go your separate ways without involving the courts. You might privately sort out who stays in the house, where the kids will live, and how to manage money. These arrangements aren’t legally binding, which means they can be changed or disputed later.
(ii) Legal Separation (Separation Agreement)
This is a formal option, also called a separation agreement. It involves putting your arrangement in writing and, ideally, making it legally enforceable. You stay legally married, but live apart with a clear, court-recognised plan for things like:
- Property division
- Child custody
- Spousal or child support
Legal separation is chosen by couples who aren’t quite ready to divorce but want formal security around their rights and responsibilities.
Important Note: Australia doesn’t require a legal separation before divorce. You can proceed directly to divorce once you’ve been separated for at least12 months, regardless of whether your partner agrees. But for some couples, a legal separation provides clarity and peace of mind while they take time to decide.
2. Applying for a Divorce
Once you’ve been separated for at least 12 months, either you or your partner (or both) can apply for a divorce. You’ll need to submit an application to the Federal Circuit and Family Court of Australia.
The process includes:
- Filing the application online
- Paying the court fee (fee reductions may apply)
- Proving that the marriage has broken down permanently
Once everything is in order, the court will review the application. And if satisfied, grant a divorce order, officially ending the marriage.
It’s smart to consult a family lawyer before applying. They can make sure your paperwork is in order and help you deal with any complex issues, especially if kids or property are involved.
Under Australian law, divorce is based on “no-fault” grounds. This means the only thing the court cares about is whether the relationship has permanently broken down, proven by 12 months of separation.
Read more details about > How to get a divorce in Western Australia
3. Dividing Property During Separation – Property Settlement
When a relationship ends, one of the biggest concerns is usually: “Who gets what?” The process of dividing assets, known as property settlement, is an essential step in the separation journey.
In Australia, property settlement is governed by the Family Law Act 1975, which aims to ensure a fair and just outcome for both parties. But remember, fair doesn’t always mean equal.
So, what’s included in property settlement?
The term “property” covers more than just your home. It includes:
- Real estate
- Vehicles
- Superannuation
- Savings and investments
- Business interests
- Debts and liabilities
Everything you both own (and owe) needs to be disclosed. Hiding assets can backfire and delay the process.
And, how is property divided?
There’s no fixed formula. Instead, the court (or mediators) look at:
- What each party contributed – financially and non-financially
- Future needs – like earning capacity, health, and who’ll care for children
- A fair outcome – balancing the above for a just division
Most couples try to work things out through negotiation or mediation, which is quicker, less stressful, and more affordable than going to court. But if no agreement is reached, the Family Court can step in and make a legally binding decision.
Note that you don’t need to wait until you’re divorced to start your property settlement. In fact, many people finalise it during the separation period.
4. Leaving the Family Home
Leaving the family home is one of the toughest decisions during separation. Who stays? Who moves out? And does leaving affect your legal rights? Let’s break it down.
In many separations, both partners continue living under the same roof, especially if kids or finances are involved. But if tensions rise or safety is a concern, one person may choose, or be asked to leave.
You and your partner can agree on this yourselves. If things are agreeable, great. But when an agreement can’t be reached, there are legal options.
What are the legal orders to stay or leave?
If discussions go nowhere, you may apply to the court for a sole use and occupation order. This gives one person the legal right to live in the home, and the other person must move out. These orders are only granted in special situations, mostly when safety or severe conflict is involved.
In cases of domestic violence, you can apply for a Domestic Violence Protection Order, which can legally force the other person to leave the house.
Remember: Leaving doesn’t mean giving up your rights!
Many people worry that if they leave the home, they’ll lose their share. Don’t stress, that’s not the case.
Even if you move out (by choice or by court order), your ownership rights remain unchanged. If you co-own the home, you still legally own your share—even if you’re no longer living there.
So, what should you take with you if you leave?
If you decide to leave the family home, it’s smart to take your personal items with you. Especially things that are hard to replace. Here’s a checklist:
- Important documents – passports, birth certificates, marriage certificate, driver’s license
- Financial records – tax returns, bank statements, credit/debit cards, cheque books
- Essentials for you and the kids – clothes, medication, school items
- Sentimental items – family heirlooms, photo albums, personal keepsakes
Remember: You’re legally allowed to take anything that belongs solely to you. But try to avoid taking joint assets without consent, it may complicate things later.
5. Deciding Parenting Arrangements After Separation
If you and your partner have children, making parenting arrangements is one of the most important steps after separating. In Australia, the law focuses on just one thing: what’s best for the kids.
What Is a Parenting Arrangement?
A parenting arrangement outlines how both parents will share responsibilities and time with their children after separation. You can write it down as a parenting plan; a mutual agreement that covers things like:
- Where the child will live
- How much time they’ll spend with each parent?
- How major decisions (like schooling or healthcare) will be made?
If you and your ex-partner can agree on these things together, it’s usually best for everyone involved, especially the kids. But if reaching an agreement proves too hard, the Family Court can step in and make a decision through parenting orders.
So, what are your rights around child custody in Australia?
When parents separate, both still have rights and responsibilities under the Family Law Act 1975. Here’s what you should know:
(i) Equal Parental Responsibility
Both parents are presumed to have equal responsibility for their child’s upbringing. That includes decisions about school, medical care, and religious upbringing—even if the child mainly lives with one parent.
(ii) The Child’s Best Interests Come First
The main question is always: What’s best for the child? The court looks at many factors, including:
- The child’s relationship with each parent
- Their emotional and physical needs
- Their safety (especially if there’s a history of family violence)
- The child’s own views (depending on age and maturity)
(iii) You Can Apply for Parenting Orders
If you and your ex can’t agree, either of you can apply for parenting orders. These are legally binding decisions made by the court about things like custody, visitation, and parental responsibilities.
(iv) Both Parents Have a Right to Spend Time with Their Child
Even if the child lives with one parent full-time, the other parent usually still has a right to see and spend time with them regularly.
(v) The Child’s Voice Matters
Older or more mature children can be able to express their wishes about who they want to live with, and the court can take this into account when making a decision.
While it’s not always easy, working together to put your child’s needs first leads to better outcomes in the long run. Try mediation or a family dispute resolution service before going to court.
6. Spousal Maintenance
Sometimes, after a separation, one partner can struggle financially while the other is more secure. In these cases, the less well-off spouse may be entitled to spousal maintenance; ongoing financial support paid by the other person.
When Does Spousal Maintenance Apply?
Spousal maintenance isn’t automatic. The court will look at things like:
- Your income and earning capacity
- Your age and health
- Whether you’re caring for children
- The standard of living during the relationship
If you genuinely can’t support yourself, and your ex can afford to help, the court may order them to pay you spousal maintenance, either as regular payments or a lump sum.
Remember: You can apply for spousal maintenance any time after separation, but strict time limits apply. So, it’s best to get legal advice as early as possible.
7. Dividing Assets After a Separation
When a couple separates, dividing assets can be one of the most complicated parts of the process. Note that it’s not always a straight 50/50 split.
Every relationship is different, and so is every property settlement. The law considers a range of factors before deciding how assets should be shared. These include:
- Whether you have a prenup or a binding financial agreement
- How much each partner earns
- What assets are owned jointly or individually (like houses, cars, superannuation)
- Any debts, such as mortgages, loans, or credit cards
- Contributions made by each person—financial and non-financial (like being a stay-at-home parent or homemaker)
It’s important to understand that contributions aren’t just about money. Taking care of the home or raising children is equally recognised by the law.
So, what’s the process for dividing assets?
If your separation involves a legal property settlement, there’s a four-step process the court uses to work out who is entitled to what:
- Identify and value all assets and debts
- Assess contributions (financial and non-financial)
- Evaluate future needs (age, health, parenting responsibilities, income potential)
- Decide on a just and equitable division
And yes, you can settle without going to court. Many couples are able to sort out asset division through a financial agreement without court involvement. If you both agree, this can save you time, stress, and money.
But if an agreement isn’t possible, or if one person has much more bargaining power than the other, it’s wise to file a consent order in court to make the agreement legally binding.
The Role of Separation Lawyer in Legal Support
Going through a separation is tough, not just emotionally, but legally too. There are big decisions to make about property, finances, and most importantly, your kids. That’s where a separation lawyer comes in.
Getting legal help early in the process can make a huge difference. A good family lawyer helps you understand your rights, protects your interests, and guides you through everything from dividing assets to sorting out parenting arrangements. They make sure your separation is recognised under Australian law, and that any agreements you reach can actually be enforced. Thus, saving you from future disputes.
Here’s how a separation lawyer can help (besides easing your stress):
- Handles all the paperwork – from financial documents to parenting agreements
- Gives expert advice on what you’re entitled to and what’s legally fair
- Helps negotiate with your ex (so you don’t have to do it all alone)
- Protects your rights around property, custody, and support
- Steps in if things go to court, representing you and fighting for a fair outcome
They’re not just there for legal guidance, they also help keep things calm. Acting as a neutral middle person, your lawyer can help keep communication respectful and focused, which is especially helpful when emotions are running high.
Even if your separation seems friendly, it’s smart to get legal advice. A simple conversation with a family lawyer could save you time, money, and stress down the track.
Do you need help with separation?
Contact Hoe Lawyers – Your Trusted Separation Lawyers in Perth Are Here to Help
Hoe Lawyers blend expert guidance with genuine care, helping you navigate every step of the separation process in Australia:
We speak your language, jargon-free guidance, in writing and over the phone. From parenting plans to property settlements, we move fast to protect your interests and wellbeing.
Since 2009, Perth families have trusted us to handle everything from marriage separation to financial settlements, all underpinned by our motto:
“Better a little gain with righteousness than much gain with injustice.” (Proverbs 16:8)