Separation is often a very convoluted process, full of emotions and difficult decisions to make. There is no single process to apply to every separation that occurs and there is often a multitude of factors that need to be considered when separating.

Generally the law says that separation occurs when one party conveys to the other, through words or through action, that the relationship is over and there is no prospect of reconciliation.

Safety is first and foremost, if you are fearful for your safety you should make immediate contact with appropriate authorities and other services. We have a resources tab for providers of family violence assistance.

Before you separate you should ideally be well prepared and planned.

Are you financially secure? Can you continue residing at the property you are residing at or do you need to source alternate accommodation? Is your name on the lease or on ownership of the house or are you exposed to a homeowner that might serve you with notice to vacate the house?

Do you have access to reasonable funds in accounts that were held with another person? Has that account been locked or is there a risk that those funds will be used by your former partner?

Do you have access to your own assets, like your motor vehicle, important personal documents, passwords, computer, etc?

Those are important questions to ask before you separate.

Separation is an entirely discretionary exercise that you can embark on whenever you are ready.

The mere act of separating does not have any immediate affect on your entitlements. Moving out of the family home or moving into a separate residence does not immediate affect those rights, but moving out can affect various factors the Federal Circuit and Family Court of Australia might take into account so, unless there is safety concerns, you should obtain legal advice before making significant decisions around separation.