I charge on an hourly rate for family law and wills and estate matters and have fixed fees for conveyancing transactions. 

No. You should update your Will straightaway. 

In Victoria, if you have made a Will naming your partner as an Executor or have made a gift to your partner under your Will, getting divorced will act to revoke only those appointments or gifts made to your former partner. The rest of your Will remains intact. 

Separation from your partner does not have the same effect as a divorce. If you were to pass away before your divorce has been finalised and you haven’t changed your Will, your partner will continue to receive any benefit under your Will, notwithstanding that you are separated. 

Each estate is different and much depends on your unique situation, however the law gives you 12 months from the date of death to administer an estate. 

In Victoria, you can formalize property agreements through Consent Orders (which is filed and approved by the Family Law Courts) or enter into a Binding Financial Agreement pursuant to the Family Law Act 1975.

It is advisable to formalise such agreements to ensure your partner “sticks to the deal” and does not attempt to “back out of it” and it also protects your future acquired assets from your ex-partner’s claim. 

The difference is paramount when death occurs. If you are registered as a joint proprietor and you pass away, then your interest in the property automatically passes to your surviving partner. However, if you were each registered as tenants in common in equal shares, then on your death, your 50% share in the property will be given to whoever you give it to in your Will. 

To ensure that after your death, your property is distributed in the way you would have wished for it to be distributed. 

Some assets cannot be dealt with by your Will such as your superannuation, your life insurance policies and assets held in a trust or company. I will guide you through the estate planning process of the best way to protect you and your family in the event of death or incapacity. 

There is no rule or presumption that parties have to divide their assets evenly at separation. The percentage outcome depends on many different factors including the length of their  relationship, their financial and non-financial contributions and their current and future needs.