Divorce & Estate Planning Lawyers Sydney

Divorce estate planning must be a priority following any relationship breakdown. It is important to seek legal advice as soon as possible, as ignoring these matters can have life-changing outcomes for you and your children. You can rely on our experienced estate dispute lawyers to create a plan that protects you and your assets.

Understanding estate planning

This term refers to the property and asset pool legally under your name. In the event of your permanent incapacity or death, your estate will be passed onto others. These people have been nominated in legally-binding documents, such as your personal Will.

Why divorce estate planning is crucial.

Given that you were in a committed relationship, your ex-partner was probably involved in distributing and receiving your estate in case of your death or disability. A separation or divorce does not automatically make this role or receipt redundant.

Clients often ask us, “Is a will still valid after divorce?” The short answer is yes; your former partner’s responsibilities and entitlements remain unless you legally update the paperwork. Estate planning after divorce (and ideally before it) is therefore imperative to:

Protect you and your interests
Protect your children’s best interests
Ensure your present wishes - not those from the past - are carried out

Steps to separation - the documents you need to prioritise

You will have to re-draft and review the following important documents:

Your Will
Power of Attorney
Enduring Guardianship
Trusts
Life insurance (if your former partner is a beneficiary)
Superannuation beneficiary nomination

We recommend you store any soft and hard copies in a safe and secure location that cannot be accessed by your former partner.

Planning for Separation - Our Services

We are highly experienced in Family Law and our services include:

Updates to your Will after divorce

Wills cannot change after your death without the intervention of the Supreme Court.

Power of Attorney

We can assist with changing your Power of Attorney. It’s important to note that an Enduring Power of Attorney continues to operate even after you lose the ability to make decisions for yourself.

Enduring Guardianship

Appointment of an Enduring Guardian allows your nominee to make medical and lifestyle decisions on your behalf in the event you are unable to make such decisions for yourself.

Binding Financial Agreement

This document details how to divide assets in the event of a marriage separation. It can be written at any stage of the relationship.

Preparation of Binding Death Nominations

Your superannuation fund is not subject to changes in your Will. Therefore, a Binding Death Nomination is your written direction to the Fund Trustee. It outlines how your funds are to be distributed in the event of your incapacitation or death.

Why Espino Law for your divorce estate planning?

We understand you want to end the paperwork anxiety and get peace of mind as quickly and affordably as possible.
Our Founder Kateryna has a Master's Degree in Family Law. You won’t find a specialist lawyer elsewhere in Sydney with this unique combination and calibre of knowledge, skills, experience and empathy.
You’re not kept in the dark. We communicate clearly and regularly to keep you updated and empowered.
If you require other specialist professionals on the team (tax experts, psychologists, etc.), we can work with them seamlessly.
If you need representation in other Family Law matters, we can assist.