Former Spouse

If a person dies within 12 months of a decree of divorce, nullity, or judicial separation, and an application for a property adjustment order or financial provision has not been made or is pending, then if an application under the legislation is made by the other party, the court may proceed as if the divorce, nullity, or judicial separation had not been granted. This provision does not apply in relation to judicial separation unless, at the date of the deceased’s death, the decree was in force and the separation was ongoing.

Upon the grant of divorce, nullity, or judicial separation, the court may, upon application, order that one party shall not be entitled to make an application under the legislation if it deems it just to do so. Such an order may take effect before the divorce becomes absolute.

Equivalent provisions exist regarding civil partners.

When an application is made by a person entitled to maintenance payments at the date of death, the court has the power to vary or discharge the periodical payments. In exercising this power, the court will consider all the circumstances of the case, including any proposed orders or changes, including the death of the deceased.

If an application is made by a person entitled to payments under a maintenance agreement that provides for the continuation of payments after death, the court has the power to vary or revoke the agreement. The court will consider all the circumstances of the case, including changes resulting from the death or other factors.

When an order is made under the legislation, the will or the law of testacy, or both, shall be affected and deemed varied by the terms of the order.

Orders made as described above, when the applicant is the spouse, former civil partner, or divorced or judicially separated partner or civil partner, relating to periodical payments, are to cease upon a subsequent marriage or civil partnership, except regarding arrears.

The legislation does not make personal representatives of the deceased liable for having distributed any part of the estate after the end of the six-month period from the date of representation, on the grounds that they should have considered the possibility that the court may allow an application under the legislation after that period. This provision does not affect the power to recover any part of the estate distributed.

The County court has jurisdiction in cases where the net estate does not exceed £30,000 in value.