Divorce & Separation: How to Protect your Estate after a Separation

Going through a separation is emotionally draining, and we understand that estate planning may be the last thing on your mind. However, it’s crucial to understand how separation can impact your estate and what steps you need to take to protect your assets.

First, let’s consider the difference between divorce and separation, and how each affects your estate planning.

Divorce is the legal termination of a marriage, and you must be separated for at least 12 months before you can apply. Divorce automatically terminates your Will. This means that once your divorce is finalised, you will need to make a new Will or else you will pass away intestate, meaning without a valid Will. 

Separation, on the other hand, occurs when you and your partner decide to end your relationship, whether it’s a marriage or de facto relationship, however you have not yet divorced. In contrast to divorce, separation does not automatically terminate your Will.

If you have separated from your partner, it is essential to update your Will to reflect your current wishes and prevent your former partner from inheriting from your estate.

We understand that navigating estate planning during a time of personal upheaval can be overwhelming, but you don’t have to face it alone. At First Choice Family Lawyers, our experienced team is here to help you protect your estate and ensure that your wishes are properly reflected. Contact First Choice Family Lawyers today on (02) 9579 5555 or email us at londi@firstchoicelaw.com.au to arrange a consultation with us.