The second of the 3 D’s – Divorce

You may have seen the recent programme with the “Money Saving Expert”, Martin Lewis, in relation to the three D’s, death, divorce and dementia.

What happens to my Will on separation?

Many people think that when they reach the final stage of their divorce, or dissolution of their Civil Partnership, that their existing Will is automatically cancelled, or that a previous Will is then valid, which is not the case. This is quite a common misconception, and this may be because marriage, unlike divorce or dissolution, does revoke any previous Will that was in place. It is therefore important to note that your current Will remains valid upon divorce or dissolution of a Civil Partnership. If you are unmarried, or not in a Civil Partnership, your separation has no impact on your Will if you have one.

What about inheritance?

Upon divorce or dissolution of a Civil Partnership, your former partner will be treated as though they had died when your marriage or Civil Partnership ends. With this in mind, if you have not updated your Will after a divorce or dissolution of your Civil Partnership, this is likely to impact how your estate will be divided. If this sounds familiar to you, you may want to consider reviewing your Will.

It is possible, in some circumstances, for a cohabitant to inherit. There are no strict rules, so it is best to consider making provision for your partner in these circumstances. You may also want to consider drawing up a Cohabitation Agreement too to make your intentions clear.

Can my former partner claim on my estate?

Whether your former partner has a claim on your estate depends on the arrangement you have reached in relation to your finances upon divorce or dissolution of your Civil Partnership. It is therefore prudent to have a document, known as a Financial Consent Order, detailing how the finances have been separated to provide certainty.

We offer fixed fee appointments for matters relating to Family Law. If you want to discuss any of the above further, please contact our Family Law Department on either 01296 747 151 or 01494 870 075.