Separation means both parties live separately and apart. However, you may be separated while still living in the same home as your spouse.
A divorce is the legal end to a marriage. The court must be satisfied that there has been an “irretrievable breakdown of the marriage”, which is proven if the parties have lived “separately and apart” for a total period of twelve months.
You need to be separated for a period of 12 months prior to applying for divorce.
As of 9 December 2017, same sex married couples (including those who married overseas prior to 9 December 2017) are treated the same as heterosexual married couples under the Family Law Act, and will be able to divorce under Australian law if they meet the other requirements for divorce under the Act.
We can assist you to navigate the separation and apply for divorce.