Separation FAQ

September 1, 2016 – at 1:43 am – by Bodekers Family Lawyers

What is separation?

Separation is when you and your partner stop living together in a domestic or “marriage-like” relationship.

Do we need to agree to separate?

You and your partner do not need to agree to separate. Separation involves one person deciding to separate, acting on that decision and telling the other person.

Do I need to do anything to record that I have separated?

You do not need to do anything in particular to record your separation. However, you may need to be able to provide evidence as to when you separated, for example, if you are seeking a divorce order or in property settlement proceedings.

Can we be separated if we are still living in the same house?

Yes. You and your partner can separate but continued to live “under one roof”. There may be situations where separation under one roof needs to be proved to the Family Court, for example if you are seeking a divorce order.

Do I need a will when I separate?

It is often necessary to change your will once you have separated from your partner.

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