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Getting divorced – consider your will

The last thing you may want to think about when getting a divorce is making or changing your will. However, if you are in the process of getting divorced, or you are already divorced, it is critical to consider your will arrangements.

If you have no will, the laws of intestacy mean that your spouse would normally be the first beneficiary of your assets if you died. That’s right, the person you are trying to divorce.

Similarly, most couples who make wills when they are married make their spouse the main beneficiary. This obviously needs to be changed if you are in the process or have already become divorced.

The divorce process will always take a number of months to be completed, due to waiting periods built into the process. During this period, under normal circumstances, your spouse is likely to be the main beneficiary of your assets. This means that if you died, your assets would likely pass to the person who you are trying to divorce.

Any assets you own jointly, such as the family property, may automatically pass to your contact usspouse unless you take steps to avoid this eventuality.

It is possible to change the legal way in which your home is owned in order to avoid your assets passing to your spouse. For example, you may wish your assets to go directly to your children, another family member or to a new partner.

It is essential to seek advice from a solicitor as soon as you decide to get divorced. We can advise you on the best way to set up your estate so that your assets pass to those who you would like.

Please contact us for more information.