What happens if one spouse dies before the decree absolute is pronounced?
Currently, if a spouse dies before the divorce is finalised, the entire divorce machinery grinds to a halt, and the surviving spouse may have to start the process again in another arena.
The rules around post-death claims are likely to be reconsidered by the Supreme Court, but should be kept in mind at all stages of the divorce process.
Writing in Resolution, Joint Managing Partner Alison Regan discusses existing case law and precedents which could indicate - if not direct change - then at least judicial willingness to consider the ways in which the law around post-death claims might be improved.
Alison is the firm's Joint Managing Partner and leads the contentious trust and succession team advising a range of clients (private individuals, charities, trustees, administrators and beneficiaries) on the complete range of succession, probate and trust disputes.