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Many couples own their own home or other property jointly, in such a way that if one of them dies the other would automatically own the property outright. This arrangement may still be appropriate even after separation. If it is not, then it is possible to change the method of co-ownership very easily. Afterwards, each individual's interest in the property are separate, and will be dealt with through his or her Will in the event of death.

It may be helpful to prepare a new Will at an early stage in discussions, even if this is only as a temporary measure and this is something upon which we recommend legal advice. The decree absolute automatically changes any Will in so far as it relates to the other spouse, and it is important to consider testamentary provision again at that stage.

Where children are involved, each parent may wish to consider appointing a guardian in the event of his or her death, although that appointment may not take effect until the death of both parents. This is something that the parents may wish to discuss together.


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Michelle O'ConnorMichelle O'Connor
Matrimonial team manager
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Alison McGirrAlison McGirr
Matrimonial Executive
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Catherine PattersonCatherine Patterson
Matrimonial Executive
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