When two people file for divorce, it's often very difficult to unravel their financial affairs and come to an equitable conclusion that satisfies both parties. Indeed, satisfaction is often one-sided in this situation as a court of law may have to judge against one of the parties in favour of the other. Nevertheless, if everyone is prepared to be reasonable then there's no reason why long-term damage should be caused to the individual who loses out following a verdict, and lawyers for this party should always present their case on this basis. Assuming that a lengthy deliberation finally ends when both parties walk away to begin their own lives, surely this is the end of the matter? You might think so, but not necessarily. How could a further claim be made in the future?
Not the End of the Story
In a majority of cases, one party (who is usually not the breadwinner) seeks reparation from the other to help them with their financial affairs in the future. This is to be expected and a court will usually award them a certain amount of the other party's assets, subject to all manner of mitigating circumstances. Yet even though they will go their separate ways, the party who received the award may still have some aspirations to the estate of the primary party when they pass away.
Fair or Unfair?
Once the will has been read it may become apparent that the deceased did not leave any of their estate to their original partner and the person who they had divorced. This may be perfectly logical, but the individual may nevertheless feel aggrieved and lodge a claim for their own share.
Taking Another Hit
In this case, the court of law will assess the merits of the claim and may or may not agree; nevertheless, the risk is there, and steps need to be taken to ensure that this does not happen.
How to Protect Yourself
If you're in the process of divorce now and may well be required to pay up a sum to your former partner, then you should ask your family law attorney to introduce a special clause that restricts them from taking any further action. Once this is written into the settlement agreement, they will not be able to question the validity of your will when you pass away and your subsequent assets will be protected.
Do This Now
Don't leave this up to chance, but make sure that the terminology is included right now.Share