Marriage after divorce
With over 20 years of providing financial advice and guidance, the main issue that arises consistently, is protecting inheritance and monies from ex-spouses, or moreimportantly, making sure children from different relationships do not lose out
The Office of National Statistics puts the divorce rate during 2018 at approximately 42%
Having an extended family is not that unusual and making sure all your children and current partner benefit in the right manner from your estate requires a Will written specifically for your circumstances
Existing Will on Divorce / Dissolution
When a “decree absolute” (a court order which finalises a divorce) is made or, in the case of a civil partnership, a “decree of dissolution” (a court order which brings a civil partnership to an end) is made, any provisions contained in a will which benefit the ex-spouse or ex-civil partner are automatically revoked.
Consequences of revokation
Your ex-spouse or ex-civil partner will not, therefore, inherit your estate once a decree absolute or a decree of dissolution has been made.
If in your will you specified alternative beneficiaries then your estate will pass to such beneficiaries in accordance with the terms of your will.
If your ex-spouse or ex-civil partner was the only beneficiary named in your will your estate will be distributed in accordance with the rules of intestacy
Who will inherit my estate in the period between separation and the decree absolute or the decree of dissolution?
Since any provisions are only revoked upon the granting of a decree absolute or a decree of dissolution during the period leading up to that point any gifts set out in your will to your ex-spouse or ex-civil partner will take affect.
My ex-spouse or ex-civil partner was appointed as my executor
Once a decree absolute or a decree of dissolution has been made, this appointment will also be revoked