By Zharna Sutaria, Head of Family and Divorce Solicitor 

Reaching the end of a divorce can feel like drawing a line under the past. The Final Order has been granted, finances have been discussed and both parties begin moving forward separately.

But there is another area that can easily be overlooked: what happens to your estate when you die?

Divorce can fundamentally change your family, finances and future intentions. Yet your Will and wider estate planning may still reflect decisions made when you were married. Depending on the circumstances and orders made during the divorce, a former spouse may potentially seek financial provision from an estate after death.

For anyone going through separation or divorce, protecting the future therefore requires more than obtaining just the Final Order.

Divorce and Financial Separation Are Not the Same Thing

One of the most important misconceptions surrounding divorce is that the Final Order automatically brings every connection, including financial between former spouses to an end.

It does not.

The divorce itself legally ends the marriage. Financial claims between former spouses are dealt with separately, usually through an appropriate financial order.

This can become particularly important where there is property, pensions, investments, business interests or significant wealth involved.

The position can also have implications after death. The Inheritance (Provision for Family and Dependants) Act 1975 provides a framework under which certain people may apply to the court for reasonable financial provision from an estate. The legislation contains specific provisions relating to former spouses and civil partners.

Importantly, the court can make an order in connection with divorce proceedings restricting a former spouse’s ability to make a later application under the 1975 Act. 

The practical message is simple: do not assume divorce alone has dealt with everything.

Review Your Will When Your Circumstances Change

Divorce should also trigger a review of your Will.

Many Wills are prepared years earlier when family circumstances, relationships and financial priorities looked completely different.

While divorce affects how provisions in an existing Will relating to a former spouse operate, that does not necessarily mean the remainder of the Will now achieves what you want.

For example, you may want to reconsider:

• who should inherit your estate; 
• who should act as your executors; 
• provision for children or other family members; 
• how property and other significant assets should pass; 
• trusts or guardianship arrangements; and 
• how your estate planning interacts with your new financial position. 

If you do not have a valid Will, your estate may instead pass under the intestacy rules, which may produce an outcome very different from the one you intended.

Updating your Will is therefore not simply about removing an ex-spouse. It is an opportunity to reconsider who you now want to protect and what you want to happen to the wealth you have built.

Consider Your Estate as Part of the Divorce Settlement

Estate planning should not necessarily wait until everything else is finished.

When financial arrangements are being negotiated, it is worth considering what happens if either party dies and whether the proposed settlement adequately addresses future claims and obligations.

This is particularly relevant for divorces involving substantial assets, family businesses, investment portfolios, pensions or ongoing financial provision.

A properly drafted financial order can address the parties’ future financial relationship and, where appropriate, consideration can also be given to restrictions on future claims against an estate.

That is why divorce advice and Private Client advice, that is, how to deal with your assets when you die, should not always be viewed in isolation.

Record the Decisions Behind Your Estate Planning

Where your new Will makes decisions that could later be questioned, your solicitor may recommend creating supporting documentation explaining your intentions.

A letter of wishes, for example, can provide additional context around decisions you have made.

It is not generally legally binding in the same way as a Will, but it can help explain the thinking behind your estate planning and may be relevant if disagreements arise after your death.

Professional advice and good record keeping can also provide valuable evidence that your decisions were considered carefully rather than made inadvertently.

Don’t Forget the Wider Financial Picture

Your Will is only one part of the exercise.

Following divorce, it can also be sensible to review how other assets and arrangements are structured.

Depending on your circumstances, this could include property ownership, pensions, life policies, trusts, business interests and other arrangements where nominations, ownership or beneficiary provisions may need attention.

The objective is to make sure your new legal and financial reality is reflected consistently across your affairs.

Otherwise, you can spend considerable time negotiating a divorce settlement while leaving outdated arrangements elsewhere untouched.

Why This Matters Now

Official figures show there were 102,678 divorces in England and Wales in 2023, returning annual numbers to around pre-pandemic levels. The median duration of marriages ending in divorce among opposite-sex couples was 12.7 years. 

Twelve years is a long time financially.

During a marriage, couples may buy property, build businesses, accumulate pensions, receive inheritances and create Wills based around a shared future.

When that relationship ends, untangling those arrangements properly matters.

And increasingly, the question should not simply be:

“Is my divorce finished?“

It should be:

“Have I protected what happens next?“

Protecting Your Position After Divorce

Divorce represents a major change in your legal and financial circumstances. Your estate planning should reflect it.

At Vyman Solicitors, our Family and Private Client teams can work together to consider both sides of the picture: resolving your financial position following divorce and ensuring your Will and estate planning continue to reflect your wishes.

If you are separating, currently going through divorce or have already divorced but have not reviewed your financial arrangements or Will, now may be the right time to do so.

Speak to our Family or Private Client team to review your position and ensure the arrangements you leave behind reflect the future you are building.

This article is provided for general information only and does not constitute legal advice. The law and its application will depend on your individual circumstances. You should obtain legal advice tailored to your position.