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Separation
Separation is when you and your partner stop living together in a marriage-like relationship. Your partner does not have to agree to the separation, however he or she needs to know that you think the relationship is over.
One person may move out of the home, or you can both stay but live separate lives. Staying in the house together is known as ‘separation under the one roof’.
Separation and property
If you separate you can legally take anything you own yourself or that you own with another person. You should also take personal documents such as bank and cheque books, financial statements, tax returns, passports, personal identification, any marriage certificate and items of sentimental value.
Leaving the house does not affect your entitlement to a property settlement. In some cases, a court will order that only one partner can live in the home. This is called a ‘sole use and occupation order’ and is a short-term measure until a property settlement or other agreement is reached.
Time limits apply for property settlement. See ‘Dividing your property’ (link below).
Who needs to know?
There are no forms to fill in to become separated, however you may have to inform some organisations. For example, if you get Centrelink benefits or are entitled to them you should contact Centrelink to discuss your situation.
Contact your superannuation trustee if you no longer want your ex-partner to be a ‘nominated beneficiary’ to your superannuation. A nominated beneficiary is someone who is entitled to receive part of your superannuation if you die. Get legal advice if you have previous court orders about your superannuation and you want to change beneficiaries.
Separation may affect your rights and responsibilities. These can include arrangements for children, child support, property, partner maintenance, superannuation, joint bank accounts, joint debts and your Will (or lack of a Will). Get legal advice.
Legal help with separation
You can use a family dispute resolution service to get advice and help about separation and coming to agreement. See ‘Family dispute resolution’ (link below).
More information
Related publication
You and family law: a short guide
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some family law matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.