Small but Important Legal Steps to Take After Separation (That Many People Overlook)

Separation is often accompanied by urgent decisions about housing, children, and finances. But there is another category of decisions — quiet, administrative, and often overlooked — that can have serious consequences for your loved ones if something unexpected happens.

In Queensland, separation alone does not automatically update your legal affairs. Unless you take active steps, your former partner may still inherit your assets, control your finances, or receive your share of jointly held property.

This article outlines the small but critical steps you should take early after separation to protect your estate, your interests, and the people you care about most.

1. Update Your Will – Separation Does Not Change It

One of the most common misconceptions is that separation “fixes” your estate planning. It does not.

In Queensland:

• Your Will remains valid after separation

• Your former partner may still inherit under your Will

• Your former partner may still be executor or trustee of your estate

  
  

This is because separation does not revoke a Will—only divorce has limited automatic effects, and even then it is not complete protection.

Why this matters

If you were to pass away while separated (but not divorced), your estate could be distributed in a way that no longer reflects your wishes.

Practical step

• Prepare a new Will as soon as possible after separation

• Appoint a new executor

• Update beneficiaries (particularly if you want to protect children or other family members)

2. Review and Update Your Enduring Power of Attorney (EPOA)

Many couples appoint each other as attorneys during the relationship. After separation, this can create significant risk.

An Enduring Power of Attorney allows someone to:

• Manage your finances

• Make legal decisions

• Make personal or health decisions if you lose capacity

The risk

Unless it is formally changed:

• Your former partner may still have legal authority to make decisions for you

• This can continue until divorce (or indefinitely in some cases)

Practical step

• Revoke your existing EPOA

• Appoint a trusted alternative (family member, friend, or professional)

• Ensure relevant institutions (banks, etc.) are notified

3. Sever Any Joint Tenancy on Real Property

This is one of the most important—and most commonly missed—steps.

If you and your former partner own property as joint tenants, the law applies a rule called the “right of survivorship”:

If one owner dies, their share automatically passes to the other owner—regardless of what the Will says.

Why this matters

Even if you update your Will:

• Your share of the property will not form part of your estate

• Your former partner may receive the entire property automatically

The solution: sever the joint tenancy

Severing converts ownership to tenants in common, which means:

• Each party holds a defined share (e.g. 50%)

• That share passes under your Will, not automatically to your ex

In Queensland, this can usually be done unilaterally through a registered transfer under the Land Title Act 1994.

Practical step

• Obtain legal advice and sever the joint tenancy promptly

• Ensure your Will aligns with the new structure

4. Review Superannuation and Insurance Beneficiaries

Superannuation is often overlooked because it is not automatically covered by your Will.

If your former partner is still listed as a nominated beneficiary:

• They may still receive your superannuation benefits

• Even after separation

Practical step

• Update binding death benefit nominations

• Review life insurance beneficiaries

5. Separate Financial Control and Access

While not strictly “estate planning,” these steps are critical to protecting your position:

• Open individual bank accounts

• Change passwords on financial and personal accounts

• Notify institutions of the separation

These steps reduce the risk of:

• Unauthorised transactions

• Disputes over funds

• Financial exposure during the separation period

6. Think About Your Children (Especially if They Are Minors)

If you have children, your updated estate plan should consider:

• Who will manage their inheritance

• Whether funds should be held in a trust

• Who you trust to act if something happens to you

Without planning:

• Your former partner may indirectly control your children’s inheritance (even if not your intended outcome)

Why Acting Early Matters

There is often a gap between:

• Separation

• Property settlement

• Divorce

During this period, the legal position can be surprisingly exposed.

As many practitioners observe:

• Your former partner can still inherit

• Can still control your affairs

• Can still receive joint property automatically — unless you take active steps to change it

Final Thoughts

These steps are not complex—but they are critical.

Updating your Will, EPOA, and property ownership structure can mean the difference between:

Your assets going where you intendor Outcomes that no longer reflect your life or relationships

How Sarinas Legal Can Help

At Sarinas Legal, we help clients take fast, practical steps after separation to protect their:

• Estate planning

• Property interests

• Financial security

We can assist with:

• Preparing an updated Will

• Revoking and replacing your EPOA

• Advising on and attending to severing joint tenancies

• Reviewing your broader legal risk during separation

If you have recently separated, now is the time to act.

Contact Sarinas Legal for tailored advice on protecting yourself and your loved ones