Separating from Your Spouse or Domestic Partner

In the case of marriage, a divorce alone does not deal with the division of property. Nor does a divorce formalise arrangements for a child or children who have lived with you and your spouse during the course of the marriage or relationship.

Commonly, financial matters and making arrangements for the children are of utmost importance to separating couples. Often the period immediately following separation can be critical to both the arrangements for children and property. It is important that you seek expert legal advice in relation to this as soon as possible.

Considerations about your Will

In the event of a separation from your spouse or partner, you should as soon as possible, consider whether you wish to change your existing Will, or if you do not have a Will, have one prepared.

There are many reasons to prepare a Will, for example:

• Your previous Will may give assets to your spouse or partner which you no longer wish to give;
• If you do not have a Will, the distribution of your estate may not be what you intended. If you die without a Will, spouses and children will share in the estate of a deceased person. If any beneficiaries are under the age of 18 years, the Public Trustee has a duty to maintain the financial interest of that child;
• Following divorce, any existing Will made by your spouse prior to the dissolution of your marriage will be void in respect of any gifts left to him or her as will the appointment of your spouse as an Executor of your Will.
• Often couples will own various joint items such as real property (a house), motor vehicles and bank accounts. In the event that either party should die, all jointly owned assets will automatically pass to the survivor. 
• In the event you die before issuing proceedings for property settlement in the Family Court of United States, the administrators of your estate will be precluded from issuing proceedings on your behalf.  This means that your estate will be left with only those items owned solely by you as at the date of your death. 

At Doruk Law Firm, we have solicitors who specialise in Wills and Estate Planning matters and who can assist you with changes to your Estate Planning documents (including a Will, Power of Attorney, Power of Guardianship) or drafting new Estate Planning documents. For further information, visit Wills & Estates