Will while in the process of divorcing

[Soopermum1]

My ex and I have never written wills. I know I'll need to do one when we divorce but the process has dragged on for so long now, can I get mine written up now, so if I were to die before we divorce he won't automatically get everything, and won't automatically get full responsibility for the children (there are serious issues there which we're going to court for.)

You can make your will at any time. Divorce does not invalidate your will.

An appointment of a guardian won't take effect on your death unless there is a live with order in force at the date of death.

Ex has applied for contact only, not live with, and the kids have lived solely with me for the last few years, but when we (eventually) divorce I'll make sure the live with order, with me, is clearly stated

It would certainly be sensible to make a Will expressly excluding your husband from any gift, and declaring that he isn’t financially dependent on you.

If you own a house as joint tenants you should also sever that tenancy otherwise he’ll automatically own it in the unlikely event that you die before the decree absolute.

Appointment of a guardian doesn’t have any legal power, as your ex has parental responsibility.

Yes you can make a will. You can also sever the land registry so that he doesn't automatically get the house if anything happens to you. You can then leave your share of the house to your dc.
Have you seen a lawyer? They will explain it to you.

I strongly suggest talking to Mumblechum, aka Marlow Wills, she is the go to Mumsnet willwriter. I can personally confirm that she’s highly professional and very reasonably priced.

@RamblinRosie thank you so much 😊

@RamblinRosie

I strongly suggest talking to Mumblechum, aka Marlow Wills, she is the go to Mumsnet willwriter. I can personally confirm that she’s highly professional and very reasonably priced.

I'd second this, totally recommend Marlow Wills.