Break-ups are never easy, but with the right planning you can protect yourself and your loved ones.
Avoid the common mistakes
married have a will (2018)
They have two girls
ASSETS WOULD GO TO ALI
AND HIS DAUGHTERS
AND SAM WOULD
INHERIT TOM’S ESTATE
TOM AND SAM NEVER DIVORCED
NEITHER MADE A WILL
Sam inherits the first £250,000, personal goods and half of the rest. Tom’s daughters share the other half. Ali could get nothing, or could claim against the estate if they lived together for over two years.
How can you make sure your
estate doesn’t go astray?
You can divorce straightaway if unreasonable behaviour is cited, after two years’ separation if you both consent or after five years’ separation without consent.*
You may want to consider a separation agreement if you are not ready to or cannot proceed with a divorce.
You should always settle the financial aspect of your divorce in its entirety at the point of divorce.
*Divorce can also be sought on the basis of adultery or desertion. “No fault” divorce is on the horizon. If this change happens, you will be able to divorce within two years without the need to apportion blame.
Make sure your assets go where you want them, protecting your new partner. You might want to consider setting up a trust.
A good will can even safeguard your estate against changes that happen after you’ve gone. You could consider inheritance tax planning, or taking steps to protect your children financially if your partner goes on to marry.
Break-ups are never good,
but they can be civil
Here are a few tips to make divorce a little less difficult.
- Try to explain, in a non-confrontational way, why you want a divorce
- Make sure your spouse has time to seek advice
- Agree to full and frank financial disclosure
- Talk about finances and children separately
- Consider mediation as court cases can be stressful and expensive
- Don’t involve the children
Life can be complicated,
but our expert advice isn’t
Contact us for a chat about organising your estate and protecting the people who matter most.
Call us on 0203 507 1609.
Fact 1 & 2 - King’s Court trust. Changing family structures. The Will writing industry in 2018.
Fact 3 & 4 - Office of National Statistics. Divorces in England and Wales.
Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.