Under no circumstances should you spend the first 24 hours after
you have separated from your partner locked away in your room. You
have to act.
If your partner left you, he may have been planning his
departure for a while and may have taken legal advice already.
- Take money out of your bank account to get you through the
first few weeks but try to be fair - if there is $10,000 in an
account, take out only $5000.
- Change the password on your bank accounts. The last thing you
want him to do is spend all your savings.
- Apply to the bank to change your accounts to two signatories
so you and your partner have to sign.
- Organise with the bank to receive all correspondence relating
to your accounts.
- Collect as many papers as possible and make copies of the lot
- deeds to the family home, investment properties, share
certificates and super fund details.
- Secure all of your paperwork, preferably away from your family
home.
- See an accredited solicitor (and psychologist).
- Keep the lines of communication open. This will increase the
chance of an amicable separation. Speaking through solicitors
drastically increases the chance of miscommunication, which can
lead to litigation. It's also expensive!
* Death of your partner
You need to sort out your financial affairs, deal with lawyers,
split the assets according to the will and take control of your
finances.
Generally, all assets go to the surviving spouse or partner and
will not have to be divided, including your place of residence,
your partner's superannuation and your investments. You are also
likely to receive a life insurance payout.
As soon as you can, you need to locate your husband's will. If
it has not been updated since your marriage, don't worry, your
marriage overrides it.
If you find that your husband has not left any kind of will, you
must apply to the Probate Division of the Supreme Court to be made
executor of the estate.
Any jointly owned real estate automatically will go to you, the
surviving spouse. This includes the family home and any investment
properties. When it comes to wills, de facto partners are given
similar rights to spouses. If a will can't be located, de facto
relationships are recognised as family relationships and de facto
partners can inherit property in certain situations. Don't forget
life insurance either. Most people have at least a small policy
tied to their super fund.
If your partner was insured only through his super policy, the
payout will probably be one or two times his annual salary. If he
had a specific life insurance policy, that payout will be much
larger. This money, in effect, has to make up for not being able to
receive any kind of maintenance, as you would receive in a divorce
case.
Locate your husband's life insurance policy and notify the
insurer of his death. The insurer will process the claim and pay a
lump sum to the beneficiary. This money is tax-free and can be used
for any purpose. For example, you can use it to pay off debt like
your mortgage or to cover your everyday living costs.
Having located the will and the life insurance policy, contact
the accountant who handles your partner's affairs and seek
advice.
End of the affair
In past generations marriage was "Till death do us part". These
days it's often "Till we serve each other divorce papers". Gee, how
times have changed.
Almost half of all marriages end in divorce. In 2006, 51,375
Australian couples divorced. The same year there were 114,222
marriages. It's not just newlyweds changing their mind. About 45
per cent of couples getting divorced have been married for more
than 10 years.
Libby and I have beaten the odds and been married 29 years,
touch wood. But we've been through a period where many of our
friends haven't been so fortunate. It seems kids leaving school is
a critical time of analysis for many couples.
We've had female friends come to us at separation in a panic.
Often they don't know where their money is and how they can access
it.
Many are not the primary breadwinner and have had little
involvement in the family finances. They are alone and vulnerable.
Here's what to do - and what not to do. - David Koch
Case Study
Trust and money after the divorce
Karen thought she and her husband were happily married. That's
until it became all too obvious he was having an affair. Karen
forgave him and they had another baby to go with their family of
two daughters. Then Karen found out her husband was having another
affair.
She realised they needed to stay apart and made the agonising
decision to separate.
Karen was a trained nurse but became a full-time mum after
having kids. She had always looked after the bills and, luckily,
money wasn't an issue at the time of separation. She just kept on
doing the family's banking, having access to spending money as
usual.
Even after getting divorced, Karen and her ex-husband didn't
rush into a financial settlement. He wished to cause her as little
trouble as possible. He paid all the family's expenses and Karen
had access to his credit card account for her needs as well as
family necessities.
It's all about trust, Karen says, and it works both ways. "We
discuss how our money is going and it has always been thought of as
our money. The important thing is to keep the channels for
discussion open."
Karen believes the key to happiness for all of them,
particularly the children, is to see the good side of the other
partner. The more you talk about your partner's faults, especially
in front of the children, the more bitterness grows.