Death and Divorce?
People rarely think about death, it’s not something our society is particularly comfortable with or want to discuss, but here’s the thing, death can come at the most unexpected times, and can happen during your divorce.
What happens when you or your ex-spouse dies in the middle of your divorce?
What happens to your children?
What happens to your property?
The answers to the questions really depends on what stage your separation or divorce is at and whether your matter is in court or is in the process of negotiation or mediation.
You need to consult with a family lawyer and you should do this as soon as you can.
What About our Wills?
If you or your ex spouse dies whilst you are in the middle of divorce proceedings in the Family Court or the Federal Circuit Court of Australia, then in those circumstances, where you have a Will, your executor will step into your shoes and will continue the divorce proceedings.
Your Will can deal with the guardianship of children as well as the distribution of your assets and property.
If you are separated, this is the time to make a new Will.
If you don’t have a Will your entire assets could fall into the hands of an ex-partner, especially if you own property jointly.
How do you protect your property in the event that you or your ex dies in the middle of a divorce?
- Check whether you own property jointly or as tenants in common.
- Make sure you have a Will which contemplates your divorce or separation.
- Make sure you have closed joint bank accounts and have opened your own accounts.
- If you own property as joint tenants, make sure you separate or severe the joint tenancy.
- Is the executor of your Will someone you trust and have confidence in to handle your financial affairs if you die.
This article is intended as general information.
Should you require legal advice in relation to your matter, please contact us on 02 8999 1800 to speak to a family lawyer.