Divorce and Power of Attorney in the UK: What You Need to Know
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Divorce is a life-changing event, and beyond dividing assets and making arrangements for children, there are important legal documents that need attention, including power of attorney. This document allows someone to make financial, legal, or medical decisions on your behalf. If you are going through a divorce in the UK, it is vital to understand how your power of attorney may be affected.
Why Updating Power of Attorney Matters
In the UK, a power of attorney does not automatically end when divorce proceedings start. In some cases, the appointment of a spouse as an attorney under a lasting power of attorney may end automatically, but it is essential to review your documents to confirm. If your spouse or civil partner is listed as your attorney, they could still make decisions for you unless you update or revoke the document. This can create risks if decisions are made that no longer reflect your best interests.
For example, if you have a health emergency or need financial decisions made during divorce, your former spouse may retain authority. Updating your legal documents ensures that you are protected and your wishes are respected.
Steps to Take During Divorce
- Review all your legal documents, including lasting powers of attorney for health and welfare or property and financial affairs.
- Update your attorneys to trusted family members, friends, or professionals.
- Ensure documents comply with UK law and are properly registered with the Office of the Public Guardian if required.
- Inform relevant organisations such as banks, healthcare providers, and financial advisors of any changes.
It is essential to update any lasting powers of attorney during divorce to ensure they reflect your current wishes and protect your interests. Failure to review and revise these documents can lead to unintended authority being exercised by your former spouse. A 2023 survey by UK family law professionals found that 65 percent of clients did not update their lasting powers of attorney during divorce, which could result in conflicts later.
For more information about managing legal matters during divorce, see Divorced Parents - Legal Advice.
Common Questions About Divorce and Power of Attorney
Does divorce automatically cancel a power of attorney?
No, in the UK, divorce does not automatically cancel a lasting power of attorney. You must update or revoke the document to remove your former spouse.
Can I create a new power of attorney before my divorce is final?
Yes, you can set up a new lasting power of attorney at any stage. Once registered and signed, it provides immediate protection.
What happens if I do not update my power of attorney after divorce?
If you do not update your documents, your former spouse may retain authority over decisions, which can lead to conflicts or decisions not aligned with your wishes.
Who can be my attorney after divorce?
You can appoint a trusted family member, friend, or professional as your attorney to ensure decisions are made in your best interest.
Do I need to register a new power of attorney?
Yes, new lasting powers of attorney must be properly registered with the Office of the Public Guardian to be valid and enforceable.
Conclusion
Divorce is not only about ending a marriage, it is about reorganising legal and financial protections for your future. Updating your power of attorney is essential to ensure your rights and well-being remain secure. Taking these steps early provides peace of mind and avoids complications later. For further reading on supporting children and managing co-parenting during divorce, visit Divorced Parents - Co-Parenting Tips.
Disclaimer: This blog post is for informational purposes only and is not a substitute for professional advice or treatment. The author and publisher do not guarantee the accuracy or completeness of the information and are not liable for any damages resulting from its use. Please consult a qualified professional for advice specific to your situation.
PHOTO CREDIT: JAKUB ZERDZICKI
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Kate Daly is co-founder of amicable and host of the The Divorce Podcast. Kate created The Divorce Podcast to discuss and demystify divorce, separation and co-parenting in the UK. In each episode, Kate is joined by experts in their field to explore divorce and separation from every angle.
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