Divorce and Inheritance

Divorce                                                   

The breakdown of any relationship and death are two things no one wants to contemplate. However, one third of all marriages in the UK end in divorce and 70% of the adult population do not have a will.

When a marriage fails, it is very important for both spouses to consider the terms of their respective wills (if they have one) or to make one (if they have not).

Divorce proceedings can take up to six months to conclude. Commonly, the application for decree absolute will be delayed until the financial issues are resolved, which can take even longer. Until the decree absolute is pronounced the parties remain legally married.

Therefore, should a spouse die before the divorce is finalised, the law treats the survivor as the widow(er) of the deceased, no matter how long the parties have been separated, or how far the divorce proceedings have reached.

This has significant implications for the survivor under our inheritance laws.

If the deceased dies without a will ("intestate") the law will award the majority, if not all of the deceased's assets to the surviving spouse, although much will depend upon the size of the estate and whether the deceased has any surviving children.

An award under the laws of intestacy can be more generous to the survivor than an award by a divorce court.

If the deceased leaves a will in which provision is made for the spouse and he does not change it following separation or after the start of divorce proceedings, it is likely that the will remains valid and the spouse will benefit.

It is also possible that certain joint assets may pass to the survivor regardless of any will. This often includes the matrimonial home and joint accounts.

It is therefore key that anyone going through a separation or divorce takes expert legal advice about making a new will as early as possible.

Click for more information of Divorce, Separation, and Family Law.

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