Separation

If you or your children are at risk of immediate harm, call the police. In an emergency, call 000.

You can be separated and still be living in the same home.

There are no legal requirements for separation.

When you need legal advice

Get legal advice if you:

  • have experienced domestic violence and are considering applying for a court order to force the other person to leave the home
  • believe your ex-partner may run up debts or spend savings after separation and you want to prevent money being spent or property being taken
  • need to know how separation will affect parenting arrangements, child support, property, spousal maintenance, superannuation, joint bank accounts, joint debts and your will (or lack of a will)
  • have prior court orders about superannuation from a previous relationship and need to change your nominated beneficiary
  • are new to Australia or are worried about residency.

How to get legal advice

Proving you’re separated 

You’re separated when you stop living together as a couple. One person may move out of the home, or you can be still living at home together but have separate lives—this is called ‘separation under the one roof.’

You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under the one roof, they will consider whether:

  • you sleep together
  • you have sex
  • you share meals and domestic duties in a different way to when you were married
  • you share money and bank accounts
  • family and friends think of you as separated.

No single factor is conclusive.

How do we separate?

There are no legal or government processes to separate.

You may need to:

  • tell organisations such as Centrelink, the Child Support Agency and Medicare
  • make proper arrangements for any children involved
  • tell your family and friends
  • sort out your financial affairs.

Separating your finances

When you’re separating, you’ll need to:

  • work out how debts and loans will be paid
  • decide how to divide joint bank accounts
  • tell your superannuation and insurance companies you’ve separated
  • change your will.

Use MoneySmart’s Divorce and separation financial checklist to work out what you need to do.

If you own property together, see dividing your property.

Domestic violence

If you are experiencing domestic violence, there is support available to help you leave a relationship. 

You can ask the court for a domestic violence protection order forcing the other person to leave the home. 

Find out more about domestic violence support.

Leaving the house

If you have to leave, you won’t lose your rights to the house or your possessions. You may be able to return at a later time. You should think about your safety and your children’s safety first.

For more information, see protecting your property.

You can’t be forced to leave a house you own or jointly own unless the court has made a sole use and occupation order or a domestic violence protection order.

If there is a domestic violence protection order against you and it says you must not be at your home, then you have to leave. 

What to take with you 

When leaving your home you can legally take anything you own (individually or with another person). You should take personal documents, such as:

  • bank and cheque books
  • credit and debit cards
  • financial statements
  • tax returns
  • passports
  • personal identification
  • marriage certificate
  • items of sentimental value
  • items you and your children may need if they are going with you.

Children 

You can take your children with you, but you should make sure you consider what’s in their best interests.

This includes:

  • giving them the benefit of both parents’ meaningful involvement in their lives
  • making sure they are protected from physical or psychological harm.

If moving away from the area makes it harder for the other parent to see their children, you should try to get the other parent's agreement first — get legal advice.

For more information see moving or traveling with children.

How to get legal advice

We may give legal advice about separating.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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