What is the meaning of separation?

Unsure of whether you and your partner are legally separated? Read this article to learn the legal definition of ‘separated’ and determine your next steps.

It is quite often that we hear from clients that they are not sure about the specific date of separation or whether they have separated from the other party just yet. The legal meaning of separation has three elements; intention, an act, and communication.

Intention is a crucial element of separation. For intention to be satisfied, one party from the relationship or marriage must have the intention to separate.

The next element, ‘an act’, requires an act to be made by one of the parties. An act must demonstrate separation and the intention to separate. Examples of an act regarding include; parties dividing funds into separate bank accounts, one party moving out of a shared property, or even one party moving into a separate bedroom of the shared property.

Finally, the last element of separation is communication. Separation must be communicated to the other party. Communication of a separation can be direct or indirect. The communication can be verbal, through a text message, or even through one party receiving a letter from the other party’s lawyers detailing the separation. It is crucial that the separation has been communicated between parties. In the case of Falk (1997), the court observed that the communication element is incredibly important in regards to separation.


If you are unsure whether you and your partner/ex-partner are separated, you can call our office at (07) 2113 4645 to schedule a consultation with one of our solicitors.