Does separation need to be in writing?

There is no formal requirement to put separation in writing, but keeping a written record or telling trusted people can help prove when the relationship ended if there is later a dispute.

Can we be separated under one roof?

Yes. Couples can be separated but still live in the same home if they stop living together as a couple and make it clear the relationship has ended.

Why does the date of separation matter?

The separation date affects divorce timing, de facto time limits, and how long you have to start a property settlement.

What Is Separation in Australian Family Law?

Q: What does separation mean in Australian family law?

Separation occurs when at least one party decides the relationship has ended and communicates that decision to the other, even if they continue living under the same roof.

Separation is the trigger for many of the time limits and processes discussed in this FAQ series. Before you can talk about property pools, add‑backs or inheritances, you need to know when the relationship legally ended. In Australian family law, separation is more about intention and communication than moving out of the house. For married couples, you generally need to be separated for at least 12 months before applying for divorce. For de facto couples, the date of separation starts the two‑year period in which property settlement applications should normally be brought.

What does separation mean?

Separation occurs when at least one party decides that the relationship has ended and communicates that decision to the other, either in words or by clear conduct. You do not need both partners to agree that the relationship is over, but the decision to end it must be made known. Moving out of the home is a common sign, but not essential.

Because separation is about intention and communication, couples can be separated even while they continue to share a house, sometimes called “separation under one roof”.

Do we have to put separation in writing?

There is no legal requirement to record separation in writing, but doing so can prevent disputes later. Practical options include:

Sending an email or text clearly stating that you regard the relationship as over
Making a note in a diary or calendar
Telling trusted family members, friends or professionals (such as a GP or counsellor)

These records can help if there is later disagreement about whether the de facto two‑year period or the post‑divorce 12‑month period has expired.

What is separation under one roof?

Separation under one roof occurs when a couple continues living in the same home after the relationship has ended, often for financial or parenting reasons. In such cases, the court looks at factors like whether the parties still share a bed, cook and eat together, socialise as a couple, and present themselves publicly as being in a relationship.

If you claim separation under one roof, you may need evidence from friends or relatives to support that the relationship ended on a particular date.

Why is the date of separation so important?

The separation date affects several key areas:

Divorce: Married couples must generally be separated for at least 12 months before divorce.
Time limits for property settlement: De facto couples usually have two years from separation, and married couples have 12 months from the date a divorce becomes final.
Evidence about contributions and future needs: Knowing when the relationship ended helps the court decide what happened during and after the relationship.

Because so many rights and obligations hang off this date, taking simple steps to document separation can save costly disputes later on.

What Counts as Separation in Family Law?

What does separation mean?

Do we have to put separation in writing?

What is separation under one roof?

Why is the date of separation so important?

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