A legal guide to life after divorce

If you have recently divorced, you may be wondering what happens next. Going through the divorce process can be challenging, and even after you have come to an agreement, there may still be legal matters left unresolved.

When you are married to someone, your lives are intricately intertwined, and there are several other legal and practical matters you must address. This blog looks at several things you need to consider after your divorce has been settled.

Enforcing your financial consent order

Your financial consent order is a written document that sets out clearly how your assets and finances will be divided in divorce. It may also include any ongoing financial arrangements, including maintenance payments. How do you make sure the financial consent order is followed?

Transferring property

One party may be required to transfer ownership of a shared property to the other and also transfer the mortgage.

Selling property

You may have agreed to sell the property and divide the profit.

Maintenance payments

When one spouse is required to pay maintenance to the other, you should ensure a method for making regular 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 the arrangements set out in your financial consent order are followed through.

Update your will

If you made a will before you got divorced, this will is still valid – but it may cause several problems in the event of your death. Most people appoint their spouse as an executor and/or beneficiary of the estate. In England and Wales, the effect of divorce on your will is that it will treat your former spouse as if they predeceased you, meaning that they will no longer be able to act as your executor or benefit from your estate. As a result, it is essential that you appoint another executor and clarify who you wish to inherit from your estate. For the majority of people, the most straightforward way to ensure their estate is distributed without issue and as they would wish is to make a new will.

Change your Power of Attorney

Similarly, if you appointed your ex-spouse as your attorney, you may wish to update your Power of Attorney document. Divorce terminates your spouse’s appointment as your attorney, and if you have not appointed another attorney, you leave yourself without a Power of Attorney in place.

Of course, some couples remain an important part of each other’s lives, so there is no law preventing you from appointing a former spouse as your attorney; it is simply uncommon to do so.

To discuss this, or any other related matter, please contact Ellie directly on 01483 887766, email info@hartbrown.co.uk or start a live chat today.

*This is not legal advice; it is intended to provide information of general interest about current legal issues

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Ellie Newbery

Consultant, Family Law

Ellie’s strength lies in her clear, sensible and collaborative approach to gain the best outcomes for her clients and their families. Ellie advises clients on...

Ellie Newbery- Family Law

Consultant, Family Law

Ellie Newbery

Ellie’s strength lies in her clear, sensible and collaborative approach to gain the best outcomes for her clients and their families.

Ellie advises clients on the best route to reach agreement on the decisions that need to be made on divorce, matrimonial finance and children. Her main focus area lies in divorce and complex financial remedy cases, for high-net-worth and middle-income clients. She has previously been accredited Resolution Accredited Specialist in this area, as well as in Private Law Children work achieving an award for highest marks in the country in her core paper.

Ellie acts for parents in private law applications and negotiations across issues including child arrangements, change of school, removal from the jurisdiction and parental responsibility. She assists clients in resolving disputes about where the children will live and who they will spend time with. Ellie also assists unmarried separating couples.

Ellie qualified as a family solicitor in 2008 after reading history at Durham University and worked in Kent, Surrey and London before joining Hart Brown in 2021. Ellie has been a member of the Surrey Resolution Committee since 2015 and is a Resolution Trainer.