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OK, I’m Divorced. What Happens Now?

November 15, 2019 By

Okay. You have used Martin Bullock Lawyers and you’ve gotten your divorce. Well done. But what do you do now?

Please see our post on Applications for Divorce and what you’ll need.

Following your Divorce 

Take care of yourself. There are certain emotional things that you have to do after a divorce. You have been in a long relationship. Take time for yourself to mourn the death of your relationship, and to work through your feelings.

Explore and rediscover yourself. Love yourself.

Whilst Martin Bullock Lawyers can’t help you with any of these, we can refer you to people who can!

Financially 

Adjusting to your new set of financial circumstances can be extremely difficult after a divorce. You have to adjust to new income, close joint accounts and all sorts of other stuff. It’s really important to get good financial advice.

Again, Martin Bullock Lawyers can’t do this for you, but we do have access to expert financial advisors who will be able to assist you.

Legally 

Okay, here is where Martin Bullock Lawyers can help you and can tell you what needs to be done to move on from your divorce. There are a few things you have to note:

  • Your Divorce Order will be effective 1 month and 1 day after the Court makes the Order.
  • You or Martin Bullock Lawyers will be issued with the Divorce Order. We will provide you with a copy. You will need this Divorce Order at any time should you wish to re-marry in the future, look at potentially changing your name with banks and so on.
  • Property or maintenance proceedings should be commenced within 12 months of your Divorce. After 12 months, you’ll need the Court’s permission (leave) to commence proceedings. It is important to obtain legal advice about any future property settlement. See our blog on property settlement here.

Changes 

There are a few things you need to do, and in particular they are:

  • Change your Will. A Will is not revoked by Divorce. However, unless you have expressed otherwise, your former spouse is treated as if they had predeceased you. Accordingly, any gift you made to them by Will is be revoked. Similarly, an appointment of your ex-spouse as your Executor will not be effective. Your Will may no longer reflect your wishes. It is therefore important to make a new Will.
  • Review your Power of Attorney and Appointment of Guardian. These are like insurance policies should you lose mental capacity. It is important to have a look at them and update them should anything happen to you in the future. The last thing you probably want is your ex-spouse being able to make decisions on your behalf.
  • If you haven’t already, then consider the kids. Look at our separate blog in that regard.
  • Superannuation – review your superannuation and, in particular, check on whether or not you have made or updated any nominated beneficiaries in your superannuation or other insurance policies.
  • You are free to remarry.

Get Expert Advice

If you are currently going through a separation or divorce, or you need legal advice following Divorce, contact Greg Martin or Jacqueline Wainwright on (02) 9687 9322.

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