Separation or divorce

Separation and divorce are not the same legal event. Their effect on a Will and other arrangements differs between jurisdictions, and waiting for a divorce to become final may leave outdated choices in place.

The legal position

For a married couple, separation does not revoke the Will or remove the separated spouse. Divorce has a statutory effect. In Western Australia it revokes the Will as a whole unless a contrary intention is established. In NSW, Queensland, South Australia, Tasmania, Victoria, the ACT and Northern Territory, it generally revokes gifts and appointments involving the former spouse and the Will operates as if that person had died first, subject to statutory exceptions and contrary intention. Queensland separately provides for the end of a de facto relationship.

What may need attention

Timing matters

Separation alone may not remove a former partner from a Will. Divorce may affect particular gifts and appointments or have a broader effect, depending on the jurisdiction.

More than the Will

Check superannuation nominations, insurance, powers of attorney, jointly owned assets and trusted contacts separately.

Family provision risk

Changing a document does not necessarily remove another person’s ability to make a claim. Individual advice is especially important where financial relationships continue.

When professional advice matters

Prompt legal advice is strongly recommended during separation, especially where there are children, jointly owned property, family businesses, trusts, financial dependency or safety concerns.

Ready to take the next step?

Pay $149 once for your Will. Add unlimited updates for $25 a year to keep it current as life changes.

Create my Will See Living Vault

Useful official information

NSW Succession Act 2006, sections 12–13 ↗Queensland Succession Act 1981, sections 14–15B ↗South Australia Succession Act 2023, sections 18–19 ↗Tasmania Wills Act 2008, sections 16–17 ↗Western Australia Wills Act 1970 ↗ACT Wills Act 1968 ↗Victoria Wills Act 1997 ↗Northern Territory Wills Act 2000 ↗Legal Aid WA: Wills and relationship changes ↗Australian Taxation Office: Superannuation death benefits ↗

General information only, not legal, financial, tax or medical advice. The effect of a life event depends on your jurisdiction, documents and circumstances.