Peter Hooper is the legal practitioner Director of Brisbane Family Law Specialists Pty Ltd trading as Hooper Family Lawyers. Peter has been a Queensland Law Society Family Law Accredited Specialist since 2007. 

Peter explained that Separation under the law requires three things.

1. That there's an intent to separate by one party.
2. A communication of that intent to the other party
3. And then acting upon it.

If somebody decides the marriage is over and then through words or actions communicates that to the other party and then they act upon it that's an official separation.

Just by leaving the house simply does not mean there's a separation there. And indeed, staying in the house doesn't mean there's a separation.

Ensuring there is a power balance. Having a lawyer is to empower individuals so that one party can't exert power or influence over the other party. So, the family law act contemplates that people ought to reach agreements with respect to their parenting and property issues, but you cannot do that if there's a power imbalance. So independent, legal advice addresses that imbalance.

If you are in the position of separation read the blog and listen to the podcast to empower yourself through this difficult time.