What is separation?
Separation and divorce aren't the same thing. Here's what separation means in Australia and the time limits you need to know.
Oct 15, 2026
SeperationSeparation is when one or both partners decide the relationship is over and start living as a separated couple. In Australia you don't need to sign anything or tell the court for it to count. It applies to married and de facto couples. You can even be separated while still living under the same roof, as long as the relationship has ended.
Separation and divorce are not the same thing:
Separation is the end of the relationship. It's the starting point for working out parenting and money.
Divorce is the legal end of a marriage. You can apply after you've been separated for at least 12 months.
Neither one decides the kids or property. Parenting arrangements and property settlement are dealt with separately, by agreement or through the court.
Time limits apply to property settlement: generally 12 months from a divorce order, or 2 years from the end of a de facto relationship. Get advice early so you don't miss them.