Is divorce ever automatic?

New relationships

Whilst there is nothing preventing either you or your spouse from entering a new relationship or cohabitating, you will be unable to marry a new partner until you finalise your divorce.

Additionally, merging financial or childcare arrangements with a new partner before finalising these with your spouse may cause additional complexities. Whilst the divorce process itself is designed to be accessible to divorcing couples to complete themselves, it is often prudent to seek advice from a professional. Often, there are aspects which divorcing couples have not considered, and seeking legal advice at an early stage can assist in highlighting these.

What happens if you die once separated but not yet divorced?

If you die being separated from your spouse but not yet formally divorced, then this can impact what happens to your assets when you die.

If you die with a valid Will then your estate will pass under the provisions of that Will. If you have appointed your spouse to be an executor or trustee then this remains a valid appointment, even if you have separated at the time of your death. Similarly, any gifts you have left for the benefit of your spouse will remain valid.

If you die without a valid Will, your estate will pass under the rules of intestacy. This would mean assets passing to your spouse in the first instance. The amount would depend on the value of your estate and whether you have any children. At present, if your estate exceeds £322,000, your spouse will inherit all of your personal belongings, the first £322,000 of your estate, and half of your remaining estate. The other half of the remaining estate would be divided equally between any children. If you do not have children or your estate is valued at less than £322,000, then the whole value of your estate would pass to your spouse.