What are the key legal considerations after a divorce or dissolution?
When a marriage or civil partnership ends, there are several legal areas you need to address to reflect your new circumstances. It’s not just about the legal process of the divorce itself, but also about untangling the life you built together.
The main areas you'll need to focus on are:
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property and finances - deciding how to divide any assets you own together, like the family home, savings, and pensions
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arrangements for children - if you have children, you’ll need to have clear arrangements in place for their care
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your will - updating your will is crucial to ensure your wishes are followed
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your name - you may want to change your surname back to a previous name
Tackling these issues helps you achieve a clean break and allows you to move forward with legal and financial certainty. For more information on the financial side, read Divorce and financial arrangements.
How are property and finances dealt with?
Sorting out your shared property and finances is often one of the most complex parts of separating. Assets you acquired during your marriage or civil partnership are generally considered matrimonial property and will need to be divided fairly.
What happens to the family home?
The family home is usually the most significant asset. Your ex-partner cannot force you to sell it without your agreement. If you can't agree on what to do with the property, a court can make an order as part of your overall financial settlement. A court-ordered sale is just one option; a court could also order that one person buy the other's share, or that a sale be postponed until a later date (for example, until your children finish their education).
How you own the property is key. In England and Wales, most couples own property as joint tenants. This means you both own the whole property, and if one of you dies, the other automatically inherits it. After separating, you can sever the joint tenancy to become tenants in common. This means you each own a distinct share, which you can sell or leave to someone else in your will. You can do this by making a Notice to sever joint tenancy. For more information, read Co-ownership of property.
In Scotland, the equivalent of joint tenants is being common owners with a survivorship destination. Changing this is more complex than in England and Wales, so you should Ask a lawyer for help.
What about other assets we acquired?
Any assets you bought together during the marriage (like cars, furniture, investments, or even pets) are usually assumed to be owned equally. It's up to you to negotiate how to split them. If you can’t agree, you might need to use a service like mediation.
Assets gifted by one person to the other during the marriage, like an engagement ring or other jewellery, are generally considered unconditional gifts. This means they belong to the person who received them, and it's very unlikely a court would order them to be returned.
What about arrangements for our children?
If you have children, making arrangements for their care and financial support is a top priority. It's usually best if you can agree on these matters together, as this provides stability for your children during a difficult time.
A key part of this is agreeing on who the children will live with and how much time they'll spend with each parent. For more information on how this works in England and Wales, read Child custody, while for guidance specific to Scotland, see Child custody in Scotland.
Alongside living arrangements, you'll need to sort out how your children will be financially supported. This is known as child maintenance, and both parents have a legal duty to contribute. For more information, read Child maintenance for England and Wales and Child maintenance in Scotland.
Why do I need to update my will?
It's vital to review and update your will after a divorce or dissolution. While your will isn't cancelled, the law changes how it's read, which can lead to unintended consequences for your loved ones. It's also important to remember that until your divorce or dissolution is finalised, your existing will remains fully in effect.
Infographic: Note
In England and Wales
Once your divorce or dissolution is final, the law treats your will as if your ex-partner had died on that day. This means:
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they can't be your executor - if you named them as an executor, that appointment is cancelled
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they can't inherit your assets - any gift you left to them in the will fails and is no longer valid
The rest of your will remains valid. The assets that would have gone to your ex-partner will pass to the next beneficiary named in your will (eg your children). However, this can cause problems. For example, if your ex-partner was your only beneficiary, your estate could be treated as if you had no will at all (known as dying intestate). In this situation, strict legal rules, and not your wishes, dictate who inherits your property.
In Scotland
The law is very similar. Under the Succession (Scotland) Act 2016, any part of your will that appoints your ex-partner as an executor or gives them any of your assets is automatically cancelled (ie revoked) upon divorce or dissolution. The rest of your will stays in place. Just like in England and Wales, this can create a gap if you haven't named substitute beneficiaries or executors, potentially leading to legal complications for your family.
Making a will during divorce
The best way to ensure your wishes are followed is to make a new will as soon as you separate. You can also consider making a will in contemplation of your divorce or dissolution. This means the will is written to remain valid both during and after the divorce proceedings are completed, and it can include specific provisions for what happens to your assets once you are legally separated. If you want to make a will in contemplation of your divorce, it is best to Ask a lawyer.
To make a new, updated will, you can use a Last will and testament for England and Wales or Scotland.
Can I change my name?
Many people choose to change their name after a divorce or dissolution. The process is straightforward for you, but requires more steps if you want to change a child's name.
Changing your own name
The most common choice is to revert to a previous name (ie your 'maiden name').
Your final order, in England and Wales, or decree of divorce, in Scotland (ie the document that legally ends your marriage or civil partnership), is usually all the proof you need. However, some organisations, like HM Passport Office and certain banks, may also ask to see your birth or marriage certificate to link your current and previous names. Alternatively, they may require formal proof of name change (eg via a deed poll).
Alternatively, you might prefer a different option for professional or family reasons. This could include creating a double-barrelled surname, removing one part of a double-barrelled name, or choosing a completely new surname to symbolise a fresh start. For any of these changes, you'll need a formal document as proof. You can use a Statutory declaration of name change or deed poll to officially record your new name.
Changing a child's name
To change the name of a child under 16, you must get the agreement of everyone who has parental responsibility for them. Young people aged 16 or over can change their own name without needing parental consent.
If another person with parental responsibility doesn't agree to the change, you'll need to apply for a court order. A court will only grant permission if it's satisfied that the name change is in the child's best interests.
For more information, read Changing the name of your child.
Depending on your circumstances, your next steps will vary. If you are separating and need to formalise your arrangements, you can make a Separation agreement. If you need to start the legal process of ending your marriage or civil partnership, you can use our Divorce service. If you are planning to remarry or enter a new civil partnership, you may want to consider making a Prenuptial agreement. For any specific questions, don’t hesitate to Ask a lawyer.
