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What happens if you’re separated from your spouse but not divorced?

If you are separated from your spouse but not divorced, and you pass away, your former partner can claim a share of your estate.  It doesn’t matter if you’ve been separated for four months or 40 years, if you aren’t legally divorced your former partner has access to your estate.

If you have been living as a couple for two or more years you might be considered de facto or as good as married and then the same rules can apply.  If you have been separated at from your partner but no legal separation occurred, they may still be entitled to a share of your estate.

To avoid this situation is a good idea to make an appointment to review any legal documents that might be affecting by the separation and a the same time formalise the separation legally.

Here’s a quick summary of a few of the most important legal things to do:

7 Legal Things to Review if you’re Separating or Divorcing

  1. Will and Power of Attorney
  2. Advance Health Care Directive
  3. Pre Nuptial agreements
  4. Binding Financial Agreements
  5. Custody of children
  6. Assets and Finances
  7. Superannuation

“At Cam Schroder Lawyers Yeppoon, we want to help you get your life back on track.  Whether it’s a Binding Financial Agreements, court orders, separating finances, amending your Wills and Power of Attorney or any other issue to do with your separation, we can help.  Call us and come in for an initial consultation,” Leonie Davey says.

If you are separating from your partner and need advice, call for one of our Principal Partners, Leonie Davey or Cam Schroder Lawyers Yeppoon for an appointment on 4925 0225.

For more advice on divorce, separations and Pre and Post Relationship Binding Financial agreements call Leonie Davey or Cam Schroder for an appointment at Cam Schroder Lawyers Yeppoon on 4925 0229.

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