What if both spouses live under the same roof for the duration of their separation?
While it is possible to live in the same residence and still be separated, further steps must be taken to prove your separation. To do this you will need to file an affidavit which explains the change in your marriage. An affidavit is a written statement which presents the facts of a case and can be prepared by a party or witness. Examples of change in the marriage could include different sleeping arrangements, separate bank accounts, decline in performing house hold duties for one another and many more.
What does this mean for my will?
If your divorce is successful, clauses of your will may be effected and make them invalid. This may include, power of appointment in favour of the former spouse, the appointment of former spouse as executor, trustee or guardian and any gifts left to your former spouse. At Mott and Associates, we can advise on your will to incorporate any changes that need to be made.
