Are you currently separated from your partner but still legally married? This article is for you.

In New South Wales, you must be separated from your spouse for 12 months prior to finalising your divorce.

Separation does not have the same effect as divorce.

Marriage revokes a will, however, separation has no effect on an existing will.

It is therefore extremely important that you ensure you update your estate planning if you are going through a separation. You must plan for the unexpected. Far too many of us put this off until it is too late.

Further, if you die without a will and you are separated but still married, your spouse is still your “legal wife/husband” and can still benefit from your estate.

If you would like to discuss your current circumstances, please contact us on (02) 4944 2008 or send us an enquiry through our website.

We offer a first free consultation.

Please note – the information in this article relates to the law in New South Wales and is general information only. It should not be construed as legal advice.