Once a Divorce Order has been made, a Divorce Order has an automatic effect on some documents or rights, but doesn’t change others.
We recommend you consider the matters below after a Divorce Order has been made to ensure that all of your paperwork is in order.
Property division (including superannuation)
Once a Divorce Order comes into effect, a time limit start to run in relation to property settlement or property division. The limit is 12 months after the Order comes into effect.
This means that unless property settlement has been formalised in a legally binding way (either by way of an Order from the court or a Financial Agreement) then either spouse can apply to the Court for division of the assets, superannuation or debts between the parties.
Children's matters
There is no time limit in relation to children’s matters, however we recommend that if you are looking to make your property division legally binding as a Consent Order, then consider including parenting orders with your property orders in the same application.
Even if you have already completed your property settlement, you can still apply for a Consent Order for parenting Orders. We recommend you consider whether you would also like to formalise your children’s arrangements in a legally binding way as well. It could save you a lot of confusion or conflict later on.
Your will and power of attorney
If you have a Will setting out what you want to happen to your property after you die, it may have been invalidated by the Divorce Order. Your will may also stipulate that your spouse should inherit from your estate and you may not want this to happen any more.
You should review your Will, use a wills and estate lawyer if necessary, to ensure it is valid, binding and reflects your wishes.
If you have executed a power of attorney giving power to your former spouse over your affairs, you should also review that document so ensure it continues to reflect your wishes, and change it if it doesn’t.
Superannuation and insurance nominations
You can usually provide your superannuation fund with a binding death nomination, which tells the fund who you want to inherit your superannuation. If you have provided a nomination to your super fund that your former spouse should receive your superannuation, and you no longer wish for them to receive your super, then you should contact your super fund to change this.
Also remember that if you have death benefit or insurance (either through your superannuation or separately) then you should review the beneficiary and change this if necessary.
Changing a surname
The divorce order does not change a person’s name.
If you are female and want to change your name back to your former name, then you will have to go to each individual place to seek to change your name (such as banks, government departments to change your license or passport).
Need help?
If you have any questions about the matters in this post or need to progress property or children's matters, contact us for a free telephone call or to book an Initial Consultation.
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