Separation

‘Separation’ usually refers to breaking up when you have been living together as a couple in a marrige-like relationship.

You and your partner do not need to agree for separation to happen. At least one of you needs to make a decision to separate, act on that decision and tell the other person.

You might need to be able to show that you have separated and when you separated. The date of separation may also be relevant in property settlement proceedings. You do not need to sign anything but it is a good idea to keep a clear record of what property you have at the time of separation, what you took with you and what you left behind.

You should always get advice.  You can do so before or after you separate so that you can be aware of any time limits or other things that might affect you.

You may need to report your separation to Centrelink.

It is always a good idea to talk to a lawyer before you separate just to make sure your best interests are looked after, particularly if you have been in a long-term relationship.

Differences between states

Northern Territory

For legal advice before or after separation, you can contact the Central Australian Women’s Legal Service on 1800 684 055.

Depending on where you live, alternatively you could contact the Katherine Women’s Information and Legal Service on 08 8972 1712 or 1800 620 108 or the Top End Women’s Legal Service on 08 8982 3000 or 1800 234 441.

ACT

See the Department of Human Services Support Services for Separated Families.

For legal advice before or after separation, you can contact Women’s Legal Centre ACT or Legal Aid ACT.

Western Australia

For more information, please contact the Women’s Law Centre of WA (Inc).

NSW

For legal advice before or after separation, you can contact Women’s Legal Services NSW or the South West Sydney Legal Centre.

Victoria

For legal advice before or after separation, you can contact Women’s Legal Service Victoria.

You may want to contact a service like Relationships Australia or other counselling service that provide information, support and counselling to separating couples and individuals.

South Australia

For legal advice before or after separation, you can contact Women’s Legal Service South Australia on 1800 957 957.

Tasmania

For legal advice before or after separation, you can contact Women’s Legal Service Tasmania on 1800 682 468.

Queensland

For advice, you can contact Women’s Legal Service Queensland on 07 3392 0670 or 1800 677 278 (outside Brisbane).