Wills

Your life will obviously be very different after you and your partner separate. You should make a new Will to reflect your changed circumstances. If you are divorced in Victoria, any gift to your former spouse under a Will is void.

You should be aware, however, that if your home is registered in joint names as joint tenants (as distinct from tenants in common), changing your Will does not affect the situation. On your death, the home automatically passes over to your partner. If you have applied for Family Law property orders in Court, your estate can continue that action after your death.

Whilst you can nominate who you want to look after your children on your death in a Will, you should be aware that the nomination is not binding in Court, as the Court always has the final say on what is in the children's best interests.