In Australia, over 100,000 marriages and nearly 50,000 divorces are recorded each year. These significant life events aren’t just emotional milestones — they carry real legal consequences, especially when it comes to your will. Shockingly, many Australians don’t realise that marriage and divorce impact wills in Australia in ways that can entirely revoke or alter your existing estate plans.
Whether you’ve recently tied the knot or gone through a separation, it’s essential to understand how these changes affect your legal wishes — and what steps you should take to stay protected. In this guide, Legal Finda walks you through exactly what happens to your will after marriage or divorce and how to update it so your legacy goes where you intended.
How Marriage and Divorce Impact Wills in Australia
1. How Marriage Automatically Cancels Your Existing Will
If you’ve created a will before getting married and haven’t updated it, chances are that it’s no longer valid.
Under most Australian states’ laws, marriage automatically revokes a will, unless the will includes a specific clause stating that it was made “in contemplation of marriage.” This legal rule is in place to reflect the assumption that your wishes might change with your new marital status — but many people are unaware that their will becomes void once they say “I do.”
Example:
Tom wrote his will in 2018, leaving his estate to his sister. In 2023, he married Jess but never updated his will. In the eyes of the law, his 2018 will is now cancelled, and if Tom passes away unexpectedly, his estate would be distributed according to intestacy laws — not his original wishes.
This highlights a key concern: is my will still valid after marriage? The short answer is no, unless the will anticipates the marriage and states so clearly. If you haven’t reviewed your will since your wedding, it’s time.
2. Update Your Will After Divorce — Or Risk the Consequences
Unlike marriage, divorce does not automatically revoke a will in Australia. However, it does affect specific provisions in your existing will:
- Any gift to your ex-spouse is automatically revoked, as if they died before you.
- Any appointment of your ex as executor, trustee, or guardian is void.
This means that your ex-partner likely won’t receive any inheritance or be involved in managing your estate — even if your will says otherwise.
Still, this doesn’t mean your will is completely invalid. You may still have references to your ex in other sections or unintended consequences if you don’t revise your estate planning documents. That’s why it’s crucial to update your will after divorce, even if you think your will no longer favours your ex-spouse.
Insight:
Most people don’t realise that their ex might still be listed as a backup executor or receive superannuation benefits or insurance if these weren't also updated. Legal Finda often sees cases where outdated documents lead to major disputes between surviving family members.
3. How to Start Changing a Will After Separation?
It’s a common misunderstanding that separation alone is enough to alter a will. In reality, legal separation has no effect — only a formal divorce changes how certain will clauses are treated.
So, what can you do if you’ve separated but haven’t officially divorced?
- You can still create a new will at any time.
- This will override your existing will and reflect your current intentions.
- You should also review other legal documents, like enduring powers of attorney, superannuation beneficiaries, and guardianship appointments.
If you’re in the middle of separation proceedings, speak to a legal expert via Legal Finda to ensure your estate is safeguarded throughout the process. Changing a will after separation is not only wise — it’s critical.
Marriage and Divorce Impact on Wills in Australia: Real-Life Implications
Understanding the technical legal impacts is helpful, but real-world scenarios bring the issue to life. Here are a few examples that Legal Finda lawyers regularly see:
- A woman remarries later in life, but her original will (leaving everything to her adult children) becomes invalid. She unexpectedly passes away before updating her estate plan. Under intestacy law, most of her estate goes to her new husband — not her children.
- A divorced father never updates his will and passes away. His ex-wife is legally removed as a beneficiary, but he never named an alternate. His estate becomes subject to a legal dispute among relatives, dragging on for over a year.
These are avoidable — with the right legal advice and timely updates.
What Happens If You Don’t Update Your Will?
Failure to update your will after a major life event like marriage or divorce can have devastating effects. Common risks include:
- Outdated beneficiaries receiving your estate.
- Delays in probate due to confusing or contradictory instructions.
- Emotional strain on family during an already difficult time.
- Assets being distributed by intestacy law, not by your intentions.
This is where Legal Finda steps in — helping Australians connect with experienced estate planning lawyers who can prevent costly errors and ensure peace of mind.
When Should You Review Your Will?
Your will isn’t a one-and-done document. It should be reviewed every 3–5 years or immediately after these life changes:
- Marriage or de facto relationship
- Divorce or separation
- Birth or death of a child or family member
- Buying or selling property
- Retirement or major financial shift
Even small changes in your family or financial situation could justify an update. Don’t wait until it’s too late — your future self (and family) will thank you.
Legal Finda: Your Trusted Guide to Wills and Estate Planning
Legal Finda connects Australians with reliable, local legal professionals who understand how marriage and divorce impact wills in Australia. Whether you’re navigating your first marriage or finalising a complex separation, we’ll help you find the right lawyer to:
- Draft a will that reflects your current life
- Revoke or revise outdated documents
- Clarify your legal obligations and protect your beneficiaries
- Handle your estate planning with empathy and clarity
With Legal Finda, you don’t need to worry about legal jargon, missed clauses, or confusing court rules. We make estate planning simple, accessible, and secure.
Conclusion: Don’t Let Love — or Loss — Rewrite Your Legacy
As your relationships change, so should your will. It’s a crucial step in protecting your loved ones and ensuring your wishes are carried out without conflict. Now that you understand how marriage and divorce impact wills in Australia, it’s time to act.
- If you’ve married, divorced, or separated recently — review your will.
- Need help? Legal Finda is here to connect you with qualified lawyers who can update your documents with confidence.
Your future shouldn’t be left to chance. Start your journey with Legal Finda today — because your legacy deserves clarity.
