No–fault divorces – you and your Will
The Government is to introduce the possibility of more amicable divorces, by removing the need for blame in proceedings. Waiting for a tempestuous event to occur or a period of time to pass in order to file for divorce will no longer be needed after the introduction of “no-fault” divorces.
Currently, it is only possible to file for divorce based on a limited number of reasons, the majority of which assume a level of blame on one of the parties for the breakdown of a marriage, such as adultery.
With the introduction of “no-fault” divorces, the process should largely become quicker and more amicable but as such it might be easy to forget to update Wills to reflect the change.
Whilst a couple remains married, even if in the process of divorcing, spouses are entitled to whatever inheritance may have been granted to them in your existing Will. If there is no Will then, in accordance with the intestacy rules, partners will be entitled to either all or the majority of the estate depending on its value.
With matters being dealt with more amicably, it may slip your mind the need to disinherit your soon to be ex-spouse. It is important to update your Will or put a new Will in place when contemplating or going through a divorce to ensure that assets pass to the right people if you were to die before the divorce is finalised. The last thing that most parties want in these circumstances is for their soon to be ex-spouse inheriting their assets!
If we assist you with your divorce, we will always ensure that you have considered the provisions in your existing Will. Additionally, our private client team are there on hand to assist you in making adequate provisions for your wider family and friends should your marriage come to an end.