Death of a ex-spouse or ex-de facto partner before a property settlement

Q What happens when an ex-spouse/ex-de facto partner dies before a property settlement?

A. There are many circumstances that determine the answer. The following circumstances would be relevant:

1. Was there a divorce?
2. If there was a divorce, when was the divorce order made?
3. Was there any application made to the Family Court/Federal Circuit Court for a property order before the death?
4. Was there an application for consent orders filed before the death?
5. Was there any informal property settlement?
6. Is any property held as joint tenants?
7. Was there any binding death nomination for superannuation?
8. Are there any children of the relationship?
9. Did the deceased partner leave a Will?
10. Was there any second spouse or de facto partner?
11. What is the financial position of the ex-spouse/ex-de facto partner?
12. What is the financial position of the surviving spouse/partner?

A death of an ex-spouse/ex-de facto partner before a formal property settlement is often complicated.

If you have questions relating to the effect of the death of an ex-spouse or ex-de facto partner, Kathy Chase of Pittwater Family Lawyers will provide advice on your legal rights. Please contact Kathy at (02) 9918 6565 or 0418 285 307 or send her an email at: pittwaterfamilylawyers@gmail.com