.... an earlier marriage or defacto relationship ends through death or divorce.
The Courts expect married and defacto couples to fairly provide for their surviving partner a minimum level of shelter and sustenance. If one partner dies leaving surviving children, and their partner marries another person who has children from a prior relationship, life may become complicated for the new couple and their respective children. If either partner comes into the relationship with the significant assets, then financial arrangements need to be considered, discussed and agreed. It is wise to obtain legal advice. A married couple should enter into a Binding Financial (“Pre-Nuptial”) Agreement and a defacto couple should sign a Cohabitation Agreement. Consider carefully how to construct the wills. Dealing with assets outside the will – for example superannuation and family trusts are not personal assets, require extra consideration, and assistance from advisers.
16th-December-2013 |