Case study: second time around

Over the years in legal practice, we have acted when a couple separates, and sometimes we’ve seen that couple come back together for a second time.

This was recently the case for a couple we will call Tristan and Michelle. We had acted for Tristan when he had broken up with Michelle, and done their financial settlement. Their kids were already adults when they separated. Then, it was five years later, and they came in together to have their estate planning done.

Despite getting back together for a second time, they were keeping their finances separate. They were approaching their relationships very differently, and were open with each other that they were each standing on their own two feet.

They each wanted to provide for their children, and did not expect anything from each other.

Yet, they had moved into the same house together, which was now just in Michelle’s name. So we did make sure we set up a right for Tristan to stay in Michelle’s house if she should pass away first. It wasn’t a life interest, but it gave Tristan some time to stay there and decide when he wanted to leave, without their kids being able to force him to move on.

We were able to make it clear about the obligations that they had to each other as spouses, or domestic partners, and knowing those obligations, they still chose to prioritise their children instead of each other. Each knew that they had a higher and better claim to be provided for from the estate of the other, and yet they were both willingly giving that up in front of each other, for the sake of starting their relationship on a different footing, for  second time.

TBA Law offers high quality legal services and mediation in all aspects of Family Law. Don’t hesitate to get in touch with us at 1300 043 103 or at admin@tbalaw.com.au.