@paul I AM AFRAID YOURE WRONG. (I can use caps too). The divorce settlement will likely take into account his debts and could award her less than she otherwise would get. Matrimonial assets you see - court can award the share they think fit.
You do realise that's what I said? That courts can take into account debts but do not have to do so, meaning it's incorrect to say they will. There's no automatic provision for a spouse to be responsible for the debts of another spouse in English law. An important point to stress because it's a misconception many people are under.
@paul Richer person would be dead or have the assets anyway paul. So not really a consideration
Two rather large problems with this claim:
- Some people are wealthier than their partner whilst also being concerned about their partner's financial well being and tax liability even after they themselves die.
- Being wealthy doesn't mean you'd have enough to pay an IHT bill, especially if like most people these days your wealth is primarily in your home.
It is of course possible to have a vehicle in place to pay IHT, but this again assumes the couple have the money to do it. It is also possible to be the wealthier partner and not care what happens to your widow/er, and/or to also have enough assets to pay IHT without hardship or having to sell the family home. But again, these things cannot be assumed.
It is thus very clear that some wealthier partners will still find their interests and concerns are better served by marriage.
I think nearly half of marriages end in divorce- so certainly a concern.
Yes, just a lesser one than the marriage ending in death which is statistically rather more likely.
Spouses don’t necessarily get everything on intestacy either. So if no will some could go to children (in England) and even if there is a will some will go to children (in Scotland).
But then nobody said they did. Though I should have clarified I was talking about England and Wales, which is the jurisdiction in which I'm qualified to practice.
It is, however, certainly the case that for a lot married, intestate couples, the intestacy provisions do what is needed. I learned this when I was doing probate. Frankly a lot of simpler wills for couples pretty much mirror the intestacy provisions anyway. My first one did.
So on the whole, not a particularly successful series of interjections there zsazsa...