New will if going through separation and divorce.

[fingersandthumbs]

Hi all,

my husband walked out in September, only contact via email and that’s only sporadic. He’s moved/relocated completely out of the area, broken all ties with family and friends.

He’s now saying he wants to start legal separation and divorce.

I need to get a new will sorted quickly, probably before any financial order and divorce can be finalised, so that my estate passes to my adult son (not husbands child) rather than my soon to be ex.

Can I do this whilst we’re still legally married? Would it be valid or as we’re still married would my current will be used? Is there a way to separate our finances before divorce completed?

He moved into my house when we got together so I know it’s considered to be a marital asset and that he is “owed” money from it but I want anything else to go to my son.

I’m not in the best of health so wanted to get this sorted quickly as I suspect the divorce being finalised is a long way off but the information I can find online mentions changing will after divorce not during.

Thank you

You can change your will whenever you want. Your new will is valid the moment it is signed. However, if it cuts your husband out completely and you die before the divorce is finalised, he may have a claim under the Inheritance Act, under which he is likely to be entitled to at least as much as he would have received in a divorce.

The part of getting a divorce that usually takes time is sorting out the finances.

Note that, if you don't make a new will but die after the divorce has been finalised, your husband will not inherit regardless of any provisions in your will. He will be treated as if he had died before you.

Thank you, that’s a really helpful post.

Is there a way of legally distancing myself from his financial situation before divorce is finalised, sort of letting people know that any debts he runs up from now are his responsibility not a joint responsibility.

I know I’m going to need a good solicitor, but if there’s anything I can do myself to legally separate any financials gains/losses from each other, I would like to get it done ASAP.

I’ve JUST done this myself OP! Not yet divorced but nearly there.
I did mine through Yvonne Boyle at Marlow Wills (all done remotely with two Zoom calls in between). She is fabulous and does all the thinking and hard work for you at an incredibly reasonable price. She’ll future proof your will so that it functions now and later, post divorce.

Also, Yvonne was previously a divorce lawyer. She really knows the ropes. Extremely trustworthy. Just a great experience from start to finish.

Get a family specialist solicitor and have it on record that you are officially separated from the date that you were. Have your own bank account. Your solicitor will advise you on any debts etc.

This is correct. Also need to be careful about your joint assets. Generally they pass by survivorship to the surviving joint owner irrespective of the terms of your Will. So you need to get some legal advice about severing the joint tenancy of your property if needed and please see a solicitor (STEP qualified preferably) about make a Will.

Another vote here for MN's own Marlow Wills. Brilliant service.

Thanks @TheVanguardSix and @FinallyHere for the recommendations 😊

OP, you should certainly make a new Will to cover the period between now and decree absolute. It will include a clause excluding your STBX so he can't claim to have been missed off accidentally.

If you'd like to get in touch, my PA will send you some info and get you booked in.

You also need to change your Power Of Attorney. Or get one if you don't have one.

I changed my will and POA as soon as my husband and I split up, long before the divorce.

You imply the home is in your name only. If this is not the case then look as severing joint tenancy asap otherwise your ex inherits it automatically.

As you can write wills in contemplation of marriage I see no reason why you cannot do similar with “on separation pending divorce” . A STEP solicitor can assist.

Just to add to my previous post, OP, Marlow wills helped set up my lasting power of attorney at the same time.

@Princessglittery is spot on. It’s almost always sensible to sever a joint tenancy, and it can be done unilaterally if necessary.

Hi all, thank you for your advice, it is all appreciated.

The house was bought by me, mortgage only in my name before I met him. When he moved in he signed a rental agreement and paid me rent every month. When we got married he continued with the same monthly payment which equated to a little under half the bills each month. He paid for food and I paid for holidays, Christmas presents, friends birthdays, insurance, house repairs etc, so it worked out roughly similar outgoings for us both. All upgrades eg boiler replacement were paid by me.

i can just about afford to stay in the house in terms of keeping bills paid but can’t raise enough capital to pay him what he might be owed.

Married in 2016 so he’s asking for half of the increase in equity from then until he walked out.

I honestly thought he was/is having a breakdown, would accept help and support, start to get better and come back, want to start making things right. I don’t think this is going to happen now so need to protect my assets for my son.

Re Divorce & all of the Assets of the Marriage

I hope this is useful as you consider your finances upon separation and divorce :)

As I understand it there are 2 aspects – Divorce and Financial Settlement.

To know what a fair split of assets is and to reach a financial settlement divorcing parties need to know what the assets of the marriage are, and what each asset is worth.

Before making any agreements or offers about the former matrimonial home, parties would need to provide full and frank disclosure of all of the assets of the marriage. For example, pensions can be very valuable – equivalent or more than the value of the former martial home in some cases. One party might have valuable stocks and shares etc.

Look at a Form E. A long document in which each party sets out their assets, income, and financial needs. You can see in it the assets that are taken into consideration upon divorce and financial settlement, for example property (the former marital home), pensions, stocks and shares etc. It also lists the documents needed that show the value of assets for example CETVs (cash equivalent transfer values of pensions - which can be requested from pension providers).

To find out what some assets are worth an independent expert can be used. Property can be valued by an expert - estate agents, pensions by CETV and / or a pension on divorce expert (PODE/actuary) report and so on . It is important to decide what needs a valuation by an independent expert and factor in the costs of these.

Divorcing parties might hold different types of pensions (not like-for-like, so difficult to compare without an expert). Circumstances might be complex for example an age difference or pensions in payment. One party may have stayed at home to look after children.

Look after the old(er) woman you will become and consider getting a valuation of pensions with figures on what 50 / 50 split of pension capital would be and a percentage split that would result in equalisation of incomes - all based on the realistic retirement ages if each party.

@AnnaMagnani and @silentpool made some useful comment on this in this thread

www.mumsnet.com/talk/divorce_separation/4664756-what-do-i-need-to-do-about-our-pensions?reply=121093079

When splitting the assets of a marriage…
www.legislation.gov.uk/ukpga/1973/18/section/25 applies

The income, earning capacity, property, and other financial resource which each of the parties to the marriage has or is likely to have in the foreseeable future. As I understand it, first consideration is given to the welfare (while a minor) of any child of the family who has not yet attained the age of eighteen. The needs of each divorcing party are taken into account and as I understand it 50 / 50 is the starting point – so unequal shares based on circumstances and needs is possible, for example 60 / 40.

These offer a free advice session about pensions on divorce and separation www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/divorce-or-dissolution-how-we-can-help-with-your-pension
Free advice line (busy so keep trying) rightsofwomen.org.uk

Guides on divorce and financial settlement
www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyer

Pensions on divorce
www.sharingpensions.co.uk/penaudit3.htm
www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-in-understanding-of-how-to-treat-pensions-on-divorce
Valuation of pensions – pensions on divorce expert report
www.collinspensionactuaries.co.uk no relation – useful website
www.collinspensionactuaries.co.uk/pension-data-collection/ templates for information required

Hope this is helpful. Caveat – this is not my profession.

Legal advice should be sought.
This link gives you an indication of hourly rate for solicitors
www.gov.uk/guidance/solicitors-guideline-hourly-rates
Some organisations offer free advice from solicitors and barristers rightsofwomen.org.uk/get-advice/ On their FAQs page…”Our Legal Officers and Volunteer legal advisors are all solicitors and barristers”.
Some family solicitors offer an in initial free consultation and some a fixed fee rather than hourly.
Some barristers can be directly instructed e.g., via Clerksroom Direct

Mumsnet suggest www.advicenow.org.uk/divorce-and-separation

Happy to share more information / links to other useful threads if wanted :)

Re Length of Marriage & Contributions

Section 25 of the Matrimonial Causes Act requires the court to consider the length of a marriage when deciding how matrimonial property and finances should be divided. Contributions are also covered in Section 25.

Hi there,
I'm not too well versed in legal stuff so I thought I'd comment a resource I'm using right now in my divorce which I think might help?
www.iamlip.com/

I think this section specifically might help iamlip.com/help-guides/the-court-process-of-dividing-your-marital-assets-finances-and-pensions/

I wanted to list a few more like 'rightsofwomen' and other great resources but the above comments have already mentioned them.
Hope this helps!