Changing a will after divorce or separation

January 27, 2017

Changing a will after divorce or separation

Marriage to a person means that you and your partner are legally bonded. This means your property is divided between you and your partner. But, what if the marriage is broken? Then how is the property divided between you two?

In case there is no will made, then the following things may take place:-

1. In case you are going through a divorce and there are no children involved, then all your personal property will go to your better half.
2. If you have children, then after the divorce, the property will be distributed in two parts. The first part will go to your spouse, and the other part will be shared by your children until they reach the age of 18.

In case a will is made before divorce

Now, if you have a will made before separation, then financial matters will be settled according to the will. Now, many betrothed couples appoint each other as hesitant of a will, either alone, or to be divided amongst the children.


Now, after divorce, the former spouse will not become the beneficiary, but they will fall in the intestacy rules. According to the intestacy rule, you will not be carried out according to who gets the estate and the property concerned.

What if the divorcee has children?

In case there are children involved, then the estate will go to the children.

However, if there are cases such as an accident, and if there is the untimely demise of the children and a spouse, then under such condition, the estate will go to the divorced person’s parents.

If the child is an orphan alive, then the estate can go to one of his/her relatives, in case there is no will made. Hence making a will as one can see is an important thing.

Residence order

In case, the parents are divorced, and a residence order is passed, then under such circumstances, the child gets to live with the person the court orders him to live with.

Under such circumstances, making a will is important. This will ensure that the estate or the property is passed on to the right hands.

A new marriage

In case there is a new marriage, then it’s important to make a new will . This is vital. This is mainly because a new marriage means a new bond.

Contact us to find out more!