Szabo & Associates News & Updates

Most people understand the importance of a valid Will. Therefore, it would be more than unfortunate to invalidate a Will ‘accidentally’. However, certain key life events, such as marriage, separation, and divorce, can potentially impact a Will even to the extent of revoking (invalidating) it altogether. As such, it is important to understand what unintended consequences there may be as a result of these significant life events.

Following separation, a couple will need an agreement to divide their property between them. This process is known as property settlement. The process will involve dividing assets and liabilities with an expectation that there will be a fair and equitable division of the marital ‘pool’ between them.

Following separation, a parent has a right to relocate and may wish to do so because of work opportunities or the presence of other family members who can help with child care. However, whether they are able to do this with their child may not be straightforward.

The short answer to the question is that there is no age at which a child can decide by themselves where they are going to live following a parents’ separation.

The Family Law Act 1975 allows the parties to a marriage or de facto relationship to enter a binding legal agreement about the financial arrangements should the relationship break down. Financial agreements can be executed at any time before, during or following the breakdown of a relationship. If made before marriage, the agreements are sometimes known colloquially as a prenuptial agreement or just prenup. These agreements are becoming increasingly popular and no longer just for celebrities or the mega rich intent on protecting their wealth in the event of a relationship breakdown.