Separation is the first legal step when a relationship ends—but many people don’t realise what actually counts as being separated under Australian law.

In simple terms, separation happens when one or both people decide the relationship is over and take clear action to end it. You don’t need a form, a lawyer, or even your partner’s agreement. If you’ve made the decision and acted on it, you are separated.

How Does the Law Define Separation?

Under Australian family law, separation means:

• At least one person has decided to end the relationship, and

• That decision has been communicated to the other person, either through words or actions

You don’t need to move out straight away, and there’s no paperwork involved. What matters is the intent and behaviour that shows the relationship is finished.

Example:

Anna told her partner Ben that she no longer wanted to be in the relationship. She moved into the spare room, stopped sharing meals and finances, and let her family know they had broken up. Even though they still lived under the same roof, they were legally separated.

Can You Be Separated and Still Live Together?

Yes—this is called “separation under one roof.”

You might still live in the same house for financial or parenting reasons. As long as you’re no longer acting like a couple (e.g. sleeping separately, managing finances independently, not socialising together), it can still count as legal separation.

Why the Date of Separation Matters

The date you separate is very important for legal timeframes.

It affects:

• When you can apply for divorce (after 12 months)

• Your window for applying for property settlement or spousal maintenance

• Centrelink and child support claims

It’s smart to write down the separation date—send an email, text, or keep a note to avoid confusion later.

Do You Need to Tell Anyone?

There’s no legal requirement to register your separation—but it’s helpful to let:

• Your ex-partner know clearly

• Centrelink or Services Australia (if receiving payments)

• Your bank (if you share accounts or loans)

This helps protect your rights and responsibilities.

What Happens Next?

Separation can raise lots of questions—about money, kids, housing, and more. You don’t need to figure it all out at once.

What matters first is knowing that separation is a legal step, and understanding what it means for your situation.

At Aussie Divorce, we’re here to help you navigate the next steps with simple, practical guidance—no legal jargon, no pressure.