Divorce & Estate Planning: Why Acting Now Could Save Your Family from Heartache
Why It’s Critical to Update Your Estate Plan After Separation
Divorce is a major life event, but for many, the legal process is never completed. You may have moved on, built a new life, even bought a house and had children with a new partner. But what happens if something unexpected happens to you?
In the UK, if you pass away without a valid Will while still legally married, your ex-spouse remains your primary beneficiary even if you’ve been separated for years. This could leave your current partner and children in an incredibly difficult situation, both financially and emotionally.
The Devastating Implications of Doing Nothing
Let’s look at a few real-world scenarios:
- You own a home with your new partner – If you pass away and the home is held as “tenants in common,” your share of the house forms part of your estate. Without a valid Will, this means your ex-spouse could inherit your share, forcing your current partner to either sell the home, buy them out, or face potential homelessness.
- You have children with your new partner – If your estate automatically passes to your ex-spouse, your new family may receive nothing. Even if your ex agrees to pass some assets on, this is not legally guaranteed.
- Contesting an estate is costly and time-consuming – If your loved ones want to dispute your estate being handed to your ex, they face a lengthy, expensive legal battle. In some cases, court cases take years to resolve, draining the estate in legal fees.
How You Can Protect Your Loved Ones Today
There are simple, effective ways to ensure your new partner and family are protected:
1. Write a Will
A Will legally states who should inherit your estate. Without one, the laws of intestacy apply, meaning your ex-spouse could inherit everything. A Will can be written and signed in days—offering immediate protection.
2. Consider a Mirror Will
For couples who want aligned wishes, a Mirror Will ensures that both partners leave their assets to each other and then to their chosen beneficiaries (such as children).
3. Set Up a Family Protection Trust
This can help ensure your assets stay within your intended family and are not passed on to an ex-spouse or unwanted beneficiaries.
4. Create an Asset Protection Trust
This prevents assets from passing to an ex-spouse if you pass away before the divorce is finalised. It also provides security if your surviving partner later remarries.
5. Appoint Guardians for Your Children
If you have children from your new relationship, appointing guardians in your Will ensures they are cared for by the people you trust most.
Take Action Today—Don’t Leave It to Chance
Even if you start the divorce process today, it takes time, and in the meantime, your current family remains unprotected. The only way to ensure your assets go to the right people is by legally documenting your wishes.
At Eminence, we specialise in Will writing, trusts, and estate planning to help safeguard your family’s future. Don’t leave it to chance—put protection in place today.
📞 Get in touch for a free consultation.
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