You are separated, and a new chapter lies ahead.

For some, separation is planned and anticipated. For others, it arrives suddenly and without warning, turning life as you know it upside down. While much of the focus understandably falls on the emotional, parenting and financial consequences, there is another, often overlooked, consideration that requires urgent attention.

What happens if the unexpected occurs?

As uncomfortable as it may be to contemplate, separation makes it critical to review and update your Will and any superannuation nominations, particularly where these documents were prepared in favour of your former partner.

If your Will or superannuation arrangements are not updated following separation, there is a real risk that:

• your superannuation benefits may pass to your former partner
• jointly owned property may pass automatically to your former partner; and
• your executors and intended beneficiaries become involved in a legal dispute over your estate, costing money and causing significant stress at an already difficult time

Unless there is already a family law proceeding before the Court – where a litigation guardian may step in – an unresolved family law matter can quickly become a deceased estate dispute. This can widen the pool of people involved and complicate matters considerably.

Time is of the essence

Strict time limits apply to property settlements.

If you are married, you have 12 months from the date your divorce becomes final to resolve your property settlement. You are eligible to apply for a divorce after 12 months of separation.

For de facto couples, property settlement proceedings must be commenced within two years of the date of separation.

If these timeframes are missed, you may lose your right to pursue a property settlement altogether.

At Catton & Tondelstrand Family Lawyers we provide clear, practical advice to support you through separation and its legal implications. We strongly recommend seeking experienced advice early, so that informed decisions can be made and appropriate protections put in place. Where required, we can also connect you with other trusted professionals to ensure all aspects of your changed circumstances are addressed.

If you have recently separated or are unsure whether your affairs are properly protected, we can help. Contact us for a free initial consultation by calling 07 5609 4933 or book an appointment online by clicking here.