What should I do after divorce – a legal guide
Going through thedivorce process can be challenging, and even after you have come to anagreement, there may still be legal matters left unresolved.
When you aremarried to someone, your lives are intricately intertwined, and there areseveral other legal and practical matters you must address. This article looksat several things you should consider once your divorce has been settled.
Enforcingyour financial consent order
Your financialconsent order is a written document that sets out clearly how your assets andfinances will be divided in divorce. It may also include any ongoing financialarrangements, including maintenance payments. How do you make sure thefinancial consent order is followed?
One party may berequired to transfer ownership of a shared property to the other and alsotransfer the mortgage.
You may have agreedto sell the property and divide the profit.
When one spouse isrequired to pay maintenance to the other, you should ensure a method for makingregular payments, such as setting up a standing order.
These are examples,but a solicitor will be able to advise you fully as to how you can ensure thearrangements set out in your financial consent order are followed through.
If you made a Willbefore you got divorced, this Will is still valid - but it may cause severalproblems in the event of your death. Most people appoint their spouse as anexecutor and/or beneficiary of the estate.
In England andWales, the effect of divorce on your Will is that it will treat your formerspouse as if they predeceased you, meaning that they will no longer be able toact as your executor or benefit from your estate. As a result, it is essentialthat you appoint another executor and clarify who you wish to inherit from yourestate. For the majority of people, the most straightforward way to ensuretheir estate is distributed without issue and as they would wish is to make anew Will.
Changeyour Power of Attorney
Similarly, if youappointed your ex-spouse as your attorney, you may wish to update your Power ofAttorney document. Divorce terminates your spouse’s appointment as yourattorney, and if you have not appointed another attorney, you leave yourselfwithout a Power of Attorney in place.
Of course, somecouples remain an important part of each other’s lives, so there is no lawpreventing you from appointing a former spouse as your attorney; it is simplyuncommon to do so.
If you would like advice from one of our legal experts on any of the above matters, please contact us on 01752 292201 or click 'chat now' below to speak to us now.