20/02/2025

The breakdown of a marriage can be incredibly difficult and emotionally challenging for both parties, as well as any children and the couple’s wider families.

At such a time, it’s not always easy to look beyond immediate emotions of upset, anger, disappointment and guilt. However, there are some important practical steps to take when a marriage ends. From sorting out property rights to ensuring your children are properly cared for, there are immediate actions that you should address to ensure everything is in order.

In this blog, I’ll focus on key practical arrangements you should consider as soon as possible when you separate from your spouse, including updating your will, severing joint tenancy, nominating beneficiaries, and appointing guardians for your children.

Here are my top seven practical steps to take when a marriage ends that I advise all of my clients to do at the earliest opportunity:

Make a will (or update an existing will)

One of the most immediate things you should do after separating from your spouse is to make or update your will. If you already have a will in place, it’s crucial to review it because separation may affect your wishes.

Why it matters: In the event of your death, your spouse might still be named as your primary beneficiary in your will. If you no longer want this to be the case, or if you want to ensure your assets go to someone else (like a friend, relative, or your children), updating your will is essential.

Similarly, if you don’t have a will in place, under the rules of intestacy, your spouse will inherit your estate. Even if you are separated, your ex will be regarded as your spouse until your divorce is finalised and, as such, will inherit from your estate.

What to do:

Review your current will to ensure it reflects your intentions.

• Remove your spouse as your executor and/or main beneficiary if you wish.
• Add new beneficiaries or specify how you want your estate divided.
• If you don’t have a will, make one as soon as possible to ensure your wishes are respected and your ex doesn’t inherit from your estate by default should anything happen to you before your divorce is finalised.

Sever joint tenancy and become tenants in common

If you and your spouse jointly own property, it’s important to take immediate steps to sever the joint tenancy. Joint tenancy means that if one of you passes away, the other automatically inherits the property. This can be problematic if you no longer wish for your spouse to have automatic rights over your share of the property after your death.

Why it matters: Severing the joint tenancy ensures that if you pass away, your share of the property won’t automatically go to your ex. Instead, your share will be treated according to your will.

What to do:

• Notify your spouse of your intention to sever the joint tenancy.
• File a notice of severance with the Land Registry if your property is in England or Wales.
• Convert the ownership to tenants in common, which means you each own a defined share of the property, and you can specify how your share will be dealt with in your will.

Nominate beneficiaries for pensions and life insurance policies

During separation, it’s vital to review and update the beneficiaries listed on your pensions, life insurance policies, and any other financial accounts where you’ve designated a beneficiary. Many couples name each other as the primary beneficiaries of these accounts, but if you no longer wish for your spouse to receive these benefits, you need to take action.

Why it matters: If your spouse remains as the beneficiary on these policies, they will inherit those funds upon your death, regardless of your separation or intentions. Updating your beneficiaries ensures that your wishes are respected.

What to do:

• Contact your pension providers and any life insurance companies to update your beneficiary designations.
• Remove your spouse as a beneficiary and nominate new ones (for example, children, family members, friends, or a charity).
• Review any other accounts that may have a beneficiary, such as health insurance or investment accounts, and update them as necessary.

Close joint bank accounts and credit cards

If you have joint bank accounts or credit cards with your spouse, consider whether these should be closed or separated immediately to avoid any financial complications or misunderstandings. Continuing to have joint financial accounts with your spouse after separation can lead to disagreements, especially regarding debt or spending.

Why it matters: Any outstanding debts or financial obligations on joint accounts will still be your responsibility. Additionally, if one party continues to use a joint account, they could be making financial decisions that affect you. It also creates the risk of running up unexpected bills that both of you are liable for.

What to do:

• Open individual accounts in your name.
• Discuss how outgoings such as the mortgage and utilities will be met by you both in the interim and transfer direct debits where necessary
• Close or separate any joint bank accounts or credit cards. If you have outstanding balances, make arrangements to pay them off or transfer the balance to an individual account.
• If you are unable to close a joint account due to your spouse’s refusal, seek legal advice to explore your options.
• Review credit reports to ensure no hidden debts or financial surprises.

Appoint guardians for your children

If you have children, one of the most important tasks during separation is to make sure you have appointed a guardian in case of an emergency or if you were to pass away. Separation can leave both parents concerned about their children’s care and it’s important to address this early.

Why it matters: If you and your spouse cannot agree on custody or guardianship arrangements, having a legally recognised guardian in place can ensure your children are cared for according to your wishes. It also helps avoid delays or complications if something were to happen to you in the future.

What to do:

• Appoint a guardian in your will or legal documents to ensure that someone you trust will care for your children if necessary.
• Discuss the matter with the person you want to appoint as guardian to ensure they are willing and prepared for the responsibility.
• If there’s no formal agreement between you and your spouse about guardianship or custody, consider mediation or legal proceedings to establish clear arrangements for the children’s care.

Notify relevant institutions about your separation

Once you’ve taken care of the more immediate legal and financial matters, it’s important to notify relevant institutions of your separation. This may include updating your details with:

• The DVLA (if your address has changed or you’re no longer sharing a car).
• HMRC and the Department for Work and Pensions (if you’re receiving benefits or child maintenance payments).
• Health providers and schools (if your children are affected by the separation).
• If one party has moved out, enquire as to whether you are eligible for a council tax reduction or single person occupancy.

Consider temporary financial support arrangements

In addition to handling assets, you may also need to consider how finances will be managed in the short term. If you and your spouse are living apart but not yet divorced, you may need to come to an agreement on temporary maintenance payments or financial contributions, particularly if you have children.

What to do:

• If possible, agree on temporary child maintenance payments and any other support your spouse may be required to provide.
• If you cannot agree on financial support, seek legal advice on how to proceed and whether you need to apply for financial orders through the courts or child maintenance via the Child Maintenance Service.

Need advice on the practical steps to take when a marriage ends?

The breakdown of a marriage is a significant life event, and the immediate practical steps you take will help protect your interests and prevent complications down the road. By making or updating your will, severing joint tenancies, nominating beneficiaries for pensions and life insurance, closing joint bank accounts, and appointing guardians for your children, you can ensure that your affairs are in order and that you’re ready for the next chapter in your life. While these actions may feel overwhelming, they are essential to safeguard your financial security and the well-being of your family as you move through the separation process. We would strongly advise seeking legal advice on these matters at the earliest opportunity.

For advice on divorce and separation, speak to a member of our family law team by emailing enquiry@beswicks.com or phoning our Stoke-on-Trent solicitors on 01782 205000 or our Altrincham solicitors on 0161 929 8494.