Family Law & Divorce

Separation

In plain English

The point at which one or both partners decide the relationship is over and act on that decision. You do not have to file anything to be separated.

What it means

Separation is when a married or de facto couple stops living together as a couple. At least one partner must form the intention to end the relationship, communicate it, and act on it. There is no form to lodge and separation can happen even if you continue living in the same home. The date of separation matters: it starts the 12-month period required before applying for divorce, and can affect property and de facto time limits. If there is disagreement about the date, evidence such as messages, changed finances, or telling family and friends may be relevant.

How it's used

They agreed their date of separation was the day she moved into the spare room and told her family the marriage was over.

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