A family members marriage failed and she left the marital home 17 months ago and her partner left to live overseas more than 9 months ago. For almost 18 months they have ceased living in a marriage-like environment following irreconcilable differences. Financials were finalised amicably and no shared accounts or shared interests exist. There are no common children and no communications whatsoever between either party for over 1 year.
The marriage has not yet been annulled and action has not been undertaken by either party at this time. No intent to reconciliation is recognised nor expected.
The family member is likely now to inherit funds (currently unknown) that may be as high as AUD 70K
Two questions for the forum:
- While married, does her partner have any entitlement to part of this estate (he is not related in any way to the deceased)
- Under Law; is there any period of separation after which a marriage is automatically null and void and can be registered as such without the other parties involvement
Hoping for some insight into her situation. Much thanks,
Sincerely,
The marriage has not yet been annulled and action has not been undertaken by either party at this time. No intent to reconciliation is recognised nor expected.
The family member is likely now to inherit funds (currently unknown) that may be as high as AUD 70K
Two questions for the forum:
- While married, does her partner have any entitlement to part of this estate (he is not related in any way to the deceased)
- Under Law; is there any period of separation after which a marriage is automatically null and void and can be registered as such without the other parties involvement
Hoping for some insight into her situation. Much thanks,
Sincerely,