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Leaving my boyfriend


Moving On - Certificate Of Presumed Death

For many different reasons, some people choose to disappear.  They just walk out of their loved-ones' lives with no explanation, never to be seen or heard from again.  In addition to the emotional trauma that this can cause, families can be left facing practical and financial difficulties.  So, what can you do legally if your spouse or parent vanishes without a trace?  Read on for more information.

Moving on without a body

When someone dies, a family law firm can help you to deal with the disbursement of the deceased's estate and probate.  However, under normal circumstances, this cannot take place without a death certificate.  Even if the person leaves what could be interpreted as a suicide note, a death cannot be recorded without the recovery of their body.  This scenario can leave families in limbo for years while lawyers try to resolve the situation.

So, what can you do if you find yourself faced with this situation?  First of all, in addition to contacting the police, you should consult a law firm with experience in matters of family law.  It's important that you do this as soon as you are made aware that your loved-one has disappeared, especially if a 'suicide note' has been discovered.  If your loved-one does not return within seven years of their disappearance or if it is deemed highly probable that the person is actually deceased, your lawyer may apply for a Certificate of Presumed Death on your behalf.

Once a Certificate of Presumed Death has been issued, you will be legally able to end a marriage or civil partnership, just as you would if your partner had died.  This means that you can finally apply for probate, close bank accounts, stop direct debits, and claim on any life insurance policies that the deceased had taken out in their name.  This can be a lifeline for families left without their breadwinner.

In addition to the financial aspect of the situation, the issue of a Certificate of Presumed Death will allow you to hold a memorial service for the person, enabling you and other relatives to achieve some closure.

In conclusion

If someone you love and on whom you are dependant goes missing without giving an explanation or a reason, you could be left not only emotionally traumatised but in dire financial straits too.  Under these circumstances, you may be able to apply for a Certificate of Presumed Death.  If you find yourself in this situation, have a chat with an experienced family lawyer for more advice and information.

About Me

Leaving my boyfriend

I spent the last 10 years making a life with my boyfriend, but I finally came to the realisation that it was time to leave him. We had different goals for the next stage of our lives. He ultimately became really confrontational when I told him that I was leaving him and wouldn't give me my share of our house or the business, so I had to get lawyers involved. Luckily, there are now some strong laws protecting the rights of defacto partners when a relationship ends, so I was able to get my fair share. This blog has advice for other long-term defactos leaving their relationships.

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