What happens if my spouse/civil partner and I have just separated? What if we have not finished dividing our assets in our divorce?

Written by Terry Johansson | 30th July 2013

If you and the deceased had divorced but still had not entered in a final agreement as to the division of your assets or commenced legal proceedings with respect to this issue, a court has power under the law  to treat you as if you were the current spouse or civil partner of the deceased. However, the court will usually impose a time period on whether this will occur. For example, the court will only consider you a current spouse / civil partner if a final division of the assets or an application to court has not been made within 12 months of a decree of divorce or nullity of marriage.

You can verify the status of your divorce by contacting the court in which your application was filed here.

You may also be entitled to take a share of the estate under the rules of intestacy if the deceased did not have a Will and if you are not legally divorced.

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