1. Review your Will
A relationship breakdown does not invalidate your Will. If you and your significant other have decided to part ways, now is a good time to review the content of your Will. If you share children with your former partner, you might not have any issues with your assets going to your former partner on death. However, it is important to consider what the future may hold- i.e. how would you still feel if your former spouse re-partnered?
If you don’t review your Will post-separation, you run the risk of your assets going to the wrong people on your death. You don’t need to wait until you and your former partner have divided your assets to change your Will. We recommend reviewing as soon as possible post-separation.
If you do not have a will, we can prepare one for you.
2. Talk to your lawyer
Emotions run high during separations, and having professional guidance early on can help avoid arguments and save you money in the long run. A lawyer will talk you through the separation process, and advise you on your legal entitlements. If you have children, your lawyer will be able to provide you with guidance and helpful resources to navigate parenting through separation.
3. Don’t be afraid to reach out for additional support
Break ups can be messy, and you will likely be feeling a mixture of emotions. Engaging a lawyer early on can help with some of the stress and anxiety you may be feeling, but don’t be afraid to reach out for additional support. Re-connect with family and friends; speak with a counsellor; eat well; and make time for yourself.
If you have recently separated or are thinking about separating, please feel free to reach out to one of our family lawyers at BCH Law to discuss how we can help you during this challenging time.
This article was last reviewed in May 2025 by:
Kim Crosby | Associate | 07 571 8078 | kim@bchlaw.co.nz
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter.
