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Must I get a divorce or is a will adequate?

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Jo23aJo23a Forumite
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I am currently separated 12 years from my husband. At the time of separation a matrimonial agreement was drawn up in liaison with our solicitors outlining certain finances & has stipulated that neither party will have any financial claim to each other but I am concerned it may not be legally binding in the event of my death. I am trying to avoid the cost of a divorce & need to know if a will be as effective considering we are still legally married albeit separated for 12 years.
I would very much appreciate any advice you can offer in regards to this matter.
Thanks.

Replies

  • edited 23 February at 12:21AM
    Elmer_BeFuddledElmer_BeFuddled Forumite
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    edited 23 February at 12:21AM
    Get the divorce. Even though we are amicable (now) due to DD, it puts the final nail in. Cost me in the region of £550 after 20 plus years split but the way I look at it that will save my DD/ my DD will get a lot more than £550 so a win win plus wifey #3 in the making can be made legal at last (well I am on my last legs!!)
    I'm writing a book on plagiarism. It wasn't my idea.
  • EmmiaEmmia Forumite
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    I'd get the split formalised with a divorce.
  • Keep_pedallingKeep_pedalling Forumite
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    I agree that you should not leave it like this and get a divorce, but you do not have a will in place, that has to be a major priority.
  • edited 23 February at 1:47PM
    TBagpussTBagpuss Forumite
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    edited 23 February at 1:47PM
    Get a divorce and a financial order.

    You can do the divorce yourself online through the court portal, it is designed to be fairly straightforward, there is a court fee (£550) but you may be entitled to pay a reduced fee if you are on a low income.

    A clean break order protects both you and your husband

    If you do nothing, the agreement would be evidence of your intentions, so might help your family in defending any Inheritance Act claim, but is  not binding

    (EDITED - to correct typo of 3550 to £550)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • AskAskAskAsk Forumite
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    as others have said, get a divorce.  irrespective of anything else, why would you want to be linked in anyway to someone you no longer live with? 

    divorce are only expensive when the two parties do not agree on the split of assets and use lawyers and the courts to argue over the assets.  a simple divorce, where both parties agree, does not cost very much at all as far as i am aware.
  • AskAskAskAsk Forumite
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    TBagpuss said:
    Get a divorce and a financial order.

    You can do the divorce yourself online through the court portal, it is designed to be fairly straightforward, there is a court fee (3550) but you may be entitled to pay a reduced fee if you are on a low income.

    A clean break order protects both you and your husband

    If you do nothing, the agreement would be evidence of your intentions, so might help your family in defending any Inheritance Act claim, but is  not binding
    i think you mean £550 fee and not £3,550.
  • TBagpussTBagpuss Forumite
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    AskAsk said:
    TBagpuss said:
    Get a divorce and a financial order.

    You can do the divorce yourself online through the court portal, it is designed to be fairly straightforward, there is a court fee (3550) but you may be entitled to pay a reduced fee if you are on a low income.

    A clean break order protects both you and your husband

    If you do nothing, the agreement would be evidence of your intentions, so might help your family in defending any Inheritance Act claim, but is  not binding
    i think you mean £550 fee and not £3,550.
    I do indeed. (sends small curse in the direction of my shift key!)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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