Married overseas? Here’s why you need a Will.

We recently assisted a client whose spouse passed away without a Will. Despite being married for over 50 years, the Court questioned the legitimacy of their relationship due to the absence of a formal marriage certificate. Back in the day, in some countries, official marriage certificates were not issued or required, making it difficult to prove the marriage at Court.

The result? Delays, stress, and unnecessary legal complications. To help navigate the situation our team:

  • Engaged an overseas legal expert to confirm the marriage was valid under the law at the time it took place;
  • Provided previous governmental documentation showing that the relationship had previously been recognised for migration and legal purposes;
  • Tracked down eyewitnesses to provide statutory declarations supporting the couple’s long-standing union;
  • Built a compelling case file with extensive documentation from both countries, proving the relationship was genuine and enduring.

Our team acted swiftly and diligently to gather evidence and present a strong case. However, despite our efforts, the Court ultimately determined that the relationship was a de facto spouse relationship rather than a legally recognised marriage.

In this instance, the outcome was the same whether regarded as a de facto or a married spouse, but the process was complex, time-consuming, and emotionally draining.

A valid Will could have prevented these complications entirely.

If you or someone you know was married overseas, it is advisable to prepare a Will to avoid these complications.

Speak to our experienced team today.

Phone: (02) 9150 6991

Email: ad***@**********om.au

Mail: P.O. Box 4236, Bexley North, 2207