The implications of not getting divorced

[OliveOyster]

I split up with my ex husband in March this year and he moved out. We have shared children over the age of 16, neither have us have property we both rent. We are still legally married and I'm wondering what the implications of not divorcing are like for example if either of us received a large inheritance or won the lottery is the other automatically entitled to half? Are there other issues I haven't thought of.

Might be an idea to get at least a legal separation agreement if not already done. Maybe speak to a solicitor. I know in Scotland that inheritance doesn't need to be shared but not sure about other parts of UK.

If you get into another long term relationship and then die, your husband could swoop in and make himself known and your partner would be seen as a non entity and pushed aside.

Oh yes, we're both Scottish and resident in Scotland. So inheritance doesn't need to be shared here? I am looking to speak to a solicitor and get either a legal separation or a divorce but struggling to find one at the minute with covid and coming up to Christmas.

Can't edit post. So I was interested to see if anything were to happen (inheritance etc) before we either legally separated or divorced what would happen with the money.

Woman up the road was still married to her ex husband. No separation agreement. Inherited a modest house. Left it to her kids when she died. Ex husband swooped in on her death chucked the kids out and moved his new wife and step kids in. For goodness sake get a separation agreement and after 5 years get a divorce.

Even if you were still together, as long as you don't invest your inheritance in a joint asset it remains yours in Scotland. But get a chat with a solicitor anyway. Divorcing in you situation is probably very easy and quite cheap once your separated for a year.

I know you can never say never but I'm definitely not interested in seeing anyone else. Home situation is very complicated, I'll be twice divorced by the age of 41 and I just don't have the energy for any sort of relationship.

Also, if you both agree the date of separation your year started in March

A friend of mine had never divorced. 20 something years. Her ex died and she was left being responsible for the funeral. Very grim for her.

Ahh see that's the situation I was worried about with the house if I inherit my parents house and leave it to my kids that it could be taken from them. I don't think he'd be like that but money and death does funny things to people.

We both have funeral plans bought and paid for in full and we both have a list of instructions re songs to be played etc so I'm happy on that score. I do need to change my will though, I'll look in to that when I finally see a solicitor.

@Mmmmdanone

Even if you were still together, as long as you don't invest your inheritance in a joint asset it remains yours in Scotland. But get a chat with a solicitor anyway. Divorcing in you situation is probably very easy and quite cheap once your separated for a year.

Yes when I looked in to it I don't think we even need a solicitor just both sign the paperwork and have it signed by a justice of the peace.

I don't think my ex husband is keen to divorce though so I may have to wait until 2 years are up.

You need to make a will. If you died now he’d get everything , not your children.

@Shehasadiamondinthesky - it’s not true that if she had made a will leaving her property to her kids it would have gone to her husband. She could not have made a valid will.

In Scotland though op husbands have the right to a third of the moveable estate (so not land or buildings). This can’t be changed by a will. So get divorced op - it doesn’t have to be complicated

Also no one can be forced to be responsible for anyones funeral so don’t worry about that

Not sure if this is the case but in Wales your non-husband would still be able to exercise next of kin rights if you were incapacitated unless you specifically and legally remove them. It's not just financial rights you give someone when you marry.

Why wouldn't you just get divorced? Just cut the cord and move on with your life. Then what's yours is yours and will remain that way.

You don't need a solicitor if you can amicably work out a split. We filed onto and it cost £550

Online not into!

In Scotland your assets are separate from the date of separation so draw up a separation agreement and have it registered in court. The separation agreement ends any future claims on your assets by your ex on death or divorce, and also means any assets accrued since your separation date aren’t considered joint. If you can agree the separation of assets between you, you only need a lawyer to register the separation agreement for you.

I’m not a lawyer but am separating in Scotland. Much of the advice you’ll get here is based on English law, which is very very different. You can apply for divorce 2 years after your separation date without his agreement, after 1 year with his agreement.

I’m in Scotland and have a friend currently going through a divorce. Her ex is TRYING to get his hands on an inheritance that came through 8 months after their separation. Wilso legally I don’t think he stands a chance - it’s been yet more stress.

I'm in the same situation @OliveOyster
Even down to the fact that we split in March
Right now like you I can't even imagine being in another relationship
We got a financial separation agreement drawn up by a solicitor but as for the divorce I don't really know
If I died now I'd want all my money to go to him anyway as there's no one else I'd want to have it and he'd end up with full custody of our infant son