Experienced Separation & Divorce Lawyers in Perth & Brisbane

Separation and divorce are two separate events. Separation is when you and your partner stop living together as a couple, whether you are married or in a de facto relationship. Divorce is the legal end of a marriage.

Separation is the necessary first step in the process of legally ending a marriage via divorce. You can also legally separate if you are not married (i.e., you are in a de facto relationship). In the legal context, separation occurs from the date that you and your partner stop living in a marriage-like or de facto-like relationship, even if you still live together under one roof. The separation date is important for married couples because there is a minimum 12-month waiting period before you can formally apply for a divorce after separating in Australia. The separation date is also important for de facto couples because you must make an application for property settlement within two years of the date of your separation.

At least one spouse/partner must make the decision to separate, communicate that decision to the other spouse/partner, and then act on that decision. Alternatively, both parties can agree to separate and then act on that decision. Acting on the decision to separate often includes ceasing to live together. However, formal separation can also occur while living under the same roof. For example, by no longer sleeping in the same room, preparing and eating separate meals, separating finances, no longer going out together or entertaining friends together, not doing household chores for the other, and telling family or friends about your decision.