How to Legally Separate in Australia: What You Need to Know

What Is Separation in Australia?

In Australian family law, separation occurs when one or both partners decide to end their relationship and live apart. Separation is the legal starting point for divorce and resolving family law matters like property division and parenting arrangements.

Important:  There is no formal “legal separation” process like in some other countries — separation in Australia is generally informal and based on your actions, not paperwork.

Informal Nature of Separation

• You and your partner don’t have to file any paperwork to be considered separated.
• Separation happens when you stop living together as a couple and intend to end the relationship.
• You can be separated even if you live under the same roof, as long as you have a clear intention to separate (sometimes called “separation under one roof”).
• It’s a good idea to document the date of separation for legal purposes.
  

Separation and Divorce: What’s the Timeline?

• To apply for divorce in Australia, you must have been separated for at least 12 months.
• The 12-month separation period is calculated from the date you and your partner separated, regardless of whether you live together or apart.
• If you reconcile during this time, the separation period resets.

What Happens With Property During Separation?

• Separation triggers the process of property settlement.
• You and your ex-partner can negotiate how to divide assets and debts any time after separation.
• If you cannot agree, you can apply to the Family Court or Federal Circuit Court for property orders.
• The court considers factors like financial and non-financial contributions, future needs, and whether the division is just and equitable.
• You have up to 12 months after your divorce or 2 years after separation (if not divorced) to start court proceedings for property settlement.

Parenting Arrangements After Separation

• Separation often leads to decisions about parenting arrangements for children under 18.
• The law encourages parents to agree on parenting plans focusing on the best interests of the child.
• If parents cannot agree, either can apply to the Family Court for parenting orders.
• The court’s primary consideration is ensuring the child’s best interests are at the forefront and a meaningful relationship with both parents is maintained while protecting their safety.
• Attending Family Dispute Resolution (FDR) before going to court is not only recommended it is mandatory in most circumstances.

What You Should Do After Separating

• Document the date of separation (this can be a written note, emails, or messages).
• Consider consulting a family lawyer to understand your rights around property and parenting.
• Start discussing property division and parenting arrangements early, ideally through mediation or dispute resolution. If you can, reaching an agreement on most issues is going to save you time and money prior to consulting with a family lawyer.
• If you have children, prioritise their wellbeing and stable routines.
• Keep records of finances, assets, and communications to assist any future legal proceedings.

While separation is informal in Australia, its legal consequences are significant. Knowing your rights and responsibilities during separation can help you make informed decisions, reduce conflict, and prepare for divorce or settlement. We have helped many of our client’s clarify their needs prior to or shortly after separation so they are able to negotiate with their ex-partner effectively.

If you’re facing separation and want clear, tailored advice, contact a qualified family lawyer in your area for support through this challenging time.

Need Help Navigating Separation?

Our experienced family law team can guide you through the separation process — from understanding your legal position to negotiating property and parenting agreements.

📞 Call The Family Law Professionals today at or Book a Consultation Online to get started.