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Divorce

Also known as: Marital Dissolution, Decree Absolute, Decree Nisi

Definition

Divorce is the legal process that ends a marriage, automatically revoking any gifts to your former spouse in your will and removing them as executor unless your will states otherwise.

Understanding how divorce affects your will is crucial for protecting your estate and ensuring your assets pass to the people you choose, not to an ex-spouse from whom you're separated.

What Does Divorce Mean?

Divorce is the legal process that formally ends a marriage in England and Wales. Under the Matrimonial Causes Act 1973 (as amended by the Divorce, Dissolution and Separation Act 2020), you can apply for divorce on the single ground that your marriage has irretrievably broken down. Since April 2022, you no longer need to prove fault such as adultery or unreasonable behaviour. You must wait at least one year from your wedding date before applying, and the process takes a minimum of 26 weeks from application to final order (previously called decree absolute). The marriage is legally dissolved only when the final order is granted.

Divorce does not completely revoke your will—it remains legally valid. However, Section 18A of the Wills Act 1837 triggers automatic partial revocation, treating your ex-spouse as if they died on the date of decree absolute (or final order). Any gifts to your former spouse fail and pass to alternate beneficiaries named in your will. Their appointment as executor or trustee is also automatically removed. Crucially, legal separation does not trigger this automatic revocation—only the final divorce order does. Sarah and James divorced in 2024 after Sarah made a 2020 will leaving her £350,000 estate entirely to James, with her sister Emma as alternate beneficiary. When Sarah died in 2025 without updating her will, the law treated James as having predeceased her. The entire estate passed to Emma, even though Sarah never changed her will.

Divorce creates significant risks for your estate if you don't update your will promptly. If your entire will left everything to your spouse with no alternate beneficiaries named, your estate could pass under intestacy rules rather than to people you'd choose. You should update your will during separation—before decree absolute—if you no longer want your spouse to inherit, because separation alone doesn't trigger automatic revocation. Additionally, obtaining a financial order (consent order) during divorce proceedings is crucial. Without one, your ex-spouse can potentially claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975, even years after the divorce. When updating your will post-divorce, review all appointments: executors, guardians for children, trustees, and all beneficiaries.

Common Questions

"What happens to my will when I get divorced?" Your will remains valid after divorce, but any gifts to your ex-spouse and their appointment as executor are automatically revoked by law. They're treated as if they died on the date your divorce became final (decree absolute). You should make a new will to ensure your estate goes to the people you now want to inherit.

"Does separation affect my will in the same way as divorce?" No. Legal separation does not trigger automatic revocation like divorce does. If you're separated but not yet divorced, your spouse can still inherit under your will and act as your executor. You remain legally married until decree absolute is granted, so you should update your will during separation if you don't want your spouse to benefit.

"Can my ex-spouse still make a claim against my estate after divorce?" Yes, potentially. Even after divorce, an ex-spouse can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they haven't received adequate financial provision. This is why obtaining a financial order (consent order) during divorce proceedings is important—it can prevent future claims against your estate.

Common Misconceptions

Myth: When I get divorced, my will becomes completely invalid and I'll need to write an entirely new one.

Reality: Divorce does not revoke your entire will—it remains legally valid. However, Section 18A of the Wills Act 1837 automatically revokes only the parts relating to your former spouse. Any gifts to your ex-spouse and their appointment as executor are removed as if they died on the date of decree absolute. The rest of your will—gifts to children, other family members, charitable bequests—remains in effect exactly as written.

Myth: I've separated from my spouse and we're living apart, so they can't inherit under my will anymore.

Reality: Legal separation does not trigger the automatic partial revocation that divorce does. You remain legally married until decree absolute is granted, which means your spouse can still inherit under your existing will and act as your executor even if you've been separated for years. Only the final order (decree absolute) triggers Section 18A of the Wills Act 1837. If you're separated but not divorced and don't want your spouse to inherit, you must make a new will explicitly removing them—don't rely on separation to protect your estate.

  • Marriage: While divorce partially revokes a will by removing ex-spouse provisions, marriage completely revokes your entire existing will unless made in contemplation of marriage.
  • Separation: Legal separation and divorce are distinct—separation does not trigger automatic will revocation, only decree absolute does, so update your will during separation if needed.
  • Second Marriage: After divorce partially revokes your old will by removing your ex-spouse, remarriage completely revokes any will not expressly made in contemplation of that marriage.
  • Blended Family: Divorce often leads to blended families when ex-spouses remarry, creating complex estate planning needs for biological children, step-children, and new spouses.
  • Revocation: Divorce triggers automatic partial revocation under Section 18A of the Wills Act 1837, one of several legal methods that can cancel will provisions.
  • Pension Credit: Pension sharing or attachment orders from divorce settlements affect estate planning, as pension benefits may continue to an ex-spouse after death.

Need Help with Your Will?

If you're going through divorce or recently divorced, updating your will is essential to protect your estate and ensure your assets pass to the people you choose. Don't leave your family's financial security to chance.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.