Marriage equality is law: the change may unintentionally impact couples’ Wills and Financial Agreements

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Wills are generally invalidated upon marriage

Section 12(1) of the Succession Act 2006 (NSW) states that ‘a will is revoked by the marriage of a testator.’

That section applies unless the will has been drafted in contemplation of marriage to your significant other.

If you are planning to get married as soon as legally possible, please ensure that you keep your estate planning in the forefront of your mind. Otherwise, there may be unintended consequences for your loved ones.

Call us if you have wedding plans.

Financial agreements

The enforceability of a financial agreements may be in question if a de facto couple marries

Financial agreements that are drafted in accordance with the de facto provisions of the Family Law Act 1975 (Cth) may be subject to a claim of unenforceability if the de facto couple marries. We say that because, if the de facto couple becomes married, they no longer exist within the definition of a de facto relationship within the Family Law Act 1975 (Cth). It would follow that, the jurisdiction of the agreement is no longer the de facto jurisdiction and the Court may not be able to enforce the Agreement may be called into question due to the non-existence of a de facto relationship.

Call us if you have wedding plans.

Overseas marriages

When the law is changed, same sex couples who married overseas may find themselves legally married in Australia

This means that wills and financial agreements of same sex couples may be altered overnight.

Call us to discuss your situation.