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Are you separated but not yet divorced?

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If you have a Will in existence naming your estranged partner as your principal beneficiary, then that Will remains valid until such time as it is formally revoked by a new Will or until you formally divorce. 

Parties cannot apply for divorce until they have been separated for 12 months.

If you are separated, but not yet divorced, you may need a new will if you no longer intend your estranged spouse to benefit from your death.

Consideration should also be given to changing the binding nominations in relation to your superannuation fund, if your estranged spouse is currently named as the beneficiary of your superannuation account.

For Family Law and Wills & Estates advice following separation, please contact our Private Client Services team on + 61 8540 0200