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Getting Divorced? 10 Legal Documents to Update Immediately

· 13 min

Note: The following scenario is fictional and used for illustration.

Rebecca Matthews, 42, thought she'd done everything right after her divorce. She updated her will to remove her ex-husband James, named her sister as guardian for her two children, and carefully restructured her estate plan. What she didn't update was her workplace pension beneficiary form—a document she'd completed 10 years earlier naming James.

When Rebecca died unexpectedly in January 2025, just five months after her Final Order was granted, her will left everything to her children aged 9 and 12. But her £180,000 pension never reached them. The pension trustees paid the entire amount to James because her Expression of Wish form—which guides trustees on beneficiary decisions—still listed him as beneficiary.

Rebecca's parents, now the children's guardians, are fighting a legal battle to recover those funds for their grandchildren's future. The tragedy isn't just Rebecca's untimely death. It's that this entire situation was preventable with one updated form.

Rebecca's story isn't unique. In 2023, there were 102,678 divorces in England and Wales, yet most divorcing individuals don't realize that divorce only partially protects them legally. According to Legal & General research (2023), almost half of divorcees experience a 31% income reduction post-divorce (averaging £9,700 less per year), yet only 7% seek financial advice to protect their reduced assets. While Section 18A of the Wills Act 1837 automatically revokes will gifts to ex-spouses, it does absolutely nothing about pension beneficiaries, life insurance policies, or Lasting Powers of Attorney.

This guide provides the complete UK checklist of 10 legal and financial documents you must update after divorce—including the critical items that divorce doesn't automatically change.

Table of Contents

Why Divorce Doesn't Automatically Update Everything

Section 18A of the Wills Act 1837 treats your ex-spouse "as if they had died" for will purposes only. Gifts to them are revoked, and they're removed as executor or trustee.

But Section 18A does nothing about pension beneficiaries, life insurance policies, Lasting Powers of Attorney, joint bank accounts, or property ownership. These remain unchanged unless you manually update them.

What divorce DOES automatically revoke:

  • Gifts to your ex-spouse in your will
  • Your ex-spouse's appointment as executor or trustee

What divorce does NOT automatically revoke:

  • Pension beneficiary nominations
  • Life insurance beneficiary designations
  • Lasting Powers of Attorney
  • Joint bank account access
  • Property ownership and mortgage responsibility

Understanding this gap is essential. You could have an updated will but still leave your ex-spouse in control of your pension, life insurance, and medical decisions if you lose capacity.

Document #1: Your Will (And Why Section 18A Isn't Enough)

Section 18A removes your ex-spouse from your will, but this creates gaps. If they were your only executor or main beneficiary, your estate plan may be incomplete.

What to update in your will:

  1. Name new executors: Choose a sibling, adult child, or close friend
  2. Name guardians for children under 18: Appoint who should care for them if you die
  3. Redistribute estate gifts: Decide who inherits what your ex-spouse would have received
  4. Update specific bequests: Remove items intended for your ex-spouse's family

Timing: Update your will within 30 days of your Final Order being granted.

Document #2: Pension Expression of Wish Forms

This is the most dangerous oversight—and the one that cost Rebecca £180,000 in the opening scenario.

What is an Expression of Wish?

An Expression of Wish form tells your pension trustees who should receive your pension death benefits if you die. Trustees usually follow this form, and it overrides your will.

Why this matters after divorce:

Pensions don't pass through your will. If your Expression of Wish still names your ex-spouse from years ago, they'll likely receive the full amount—regardless of what your will says.

How to update:

  1. Contact each pension provider (workplace, private, SIPP) separately
  2. Request a new Expression of Wish form
  3. Complete it naming your current beneficiaries
  4. Return it within 30 days of your Final Order

Without a Consent Order, your ex-spouse can make pension claims years after divorce.

Document #3: Life Insurance Policies and Beneficiaries

Divorce is a "material change in circumstances." Failure to notify your insurer could invalidate your policy.

Joint policies:

You have three options:

  1. Cancel the policy entirely
  2. Transfer policy to one person who pays the full premium
  3. Split into two individual policies

Individual policies:

Update beneficiary designations immediately. Beneficiary forms override your will.

How to update:

  1. Contact every life insurance provider
  2. Inform them of your divorce (provide Final Order date)
  3. Request a Change of Beneficiary form
  4. Complete it naming your new beneficiaries
  5. Confirm the change is processed

If your divorce settlement requires life insurance for children's benefit, ensure it's written in trust or specified in your Consent Order.

Document #4: Lasting Power of Attorney (Health & Property)

Divorce does not automatically revoke Lasting Powers of Attorney.

What is an LPA?

An LPA gives someone authority to make decisions if you lose mental capacity:

  1. Property and Financial Affairs LPA: Manages money, property, and bills
  2. Health and Welfare LPA: Makes medical treatment decisions

Why this matters:

LPAs continue after divorce unless you formally revoke them. If you appointed your ex-spouse, they retain authority until you revoke it with the Office of the Public Guardian.

How to revoke:

  1. Create a deed of revocation
  2. Send it to the Office of the Public Guardian
  3. Notify your ex-spouse
  4. Create a new LPA naming someone else (sibling, adult child, trusted friend)

Choose someone with financial responsibility and alignment with your values who has no conflict of interest in your estate.

Document #5: Joint Bank Accounts and Financial Accounts

Both parties retain full access to joint accounts until they're formally closed. Your ex-spouse can legally withdraw all funds even after your Final Order.

Types of accounts to address:

  • Joint current and savings accounts
  • Joint investment accounts (ISAs, brokerage accounts)
  • Joint credit cards
  • Joint store cards and loyalty accounts

How to close safely:

  1. Agree on the balance split (ideally in your Consent Order)
  2. Open individual accounts first
  3. Transfer agreed amounts
  4. Close the joint account (usually requires both signatures)

If your ex-spouse won't cooperate:

Request your bank to freeze the account. You may need a solicitor's letter or court order to close it unilaterally.

Also update:

  • PayPal, Apple Pay, Google Pay
  • Digital payment apps
  • Retail accounts with saved payment methods

Joint accounts affect both credit scores. Close joint credit accounts immediately to protect your creditworthiness.

Documents #6-7: Property Deeds and Mortgage Documents

Property ownership changes require a solicitor—this isn't DIY territory.

If you're keeping the family home:

You'll need a transfer of equity:

  • Solicitor arranges the transfer
  • Land Registry removes your ex-spouse from title deed
  • Lender must approve you taking on the mortgage alone

If you're selling the family home:

Your Consent Order should specify the sale timeline, net proceeds split, and responsibility for mortgage until sale completes.

If your ex-spouse is keeping the home:

Ensure your Consent Order:

  • Releases you from mortgage liability
  • Removes your name from the Land Registry title
  • Protects your credit if your ex-spouse defaults

Each property requires a separate transfer agreement. For leasehold properties, notify the freeholder and management company of ownership changes.

Without a Consent Order, your ex-spouse can make financial claims against you indefinitely—even decades after divorce.

What is a Consent Order?

A Consent Order is a court-approved financial settlement that makes your divorce agreement legally binding. It covers asset division, pensions, and maintenance arrangements.

Why it's essential:

Your Final Order ends the marriage but doesn't prevent future claims on your pension, inheritance, future assets, or estate.

What it covers:

  • Division of assets (property, savings, investments)
  • Pension sharing orders
  • Spousal and child maintenance
  • Clean break clause (prevents future claims)

The clean break provision is critical—it protects your pension, inheritance, and estate from future claims.

How to get one:

  1. Agree on your financial settlement with your ex-spouse
  2. Draft the Consent Order (use a solicitor)
  3. Complete Form D81
  4. Submit to court with the £60 fee
  5. Court approves if settlement is fair

Timing: Apply before your Final Order is granted.

If you can't agree, apply for a Financial Order where a judge decides the split (typically £2,000-£5,000 in legal fees).

Documents #9-10: Personal ID and Tax Records

Document #9: Personal Identification

Update if reverting to your maiden name or changing address:

  • Passport and driving licence
  • Electoral roll registration
  • Employer records (emergency contacts, beneficiaries)
  • Medical records (GP, dentist)
  • Children's school records

Document #10: Tax Records and HMRC

Update HMRC with:

  • Marital status (change to divorced/single)
  • Tax credits and child benefit (if household composition changed)
  • Marriage Allowance (automatically ends with Final Order)

Also update:

  • Mail redirection (Royal Mail forwarding service)
  • Council tax (apply for 25% single person discount)
  • Utilities (gas, electricity, water, broadband)

Your 30-Day Post-Divorce Document Update Timeline

Prioritize by urgency and financial risk:

Week 1 (Days 1-7): CRITICAL

  • Day 1: Update pension Expression of Wish forms
  • Day 2: Update life insurance beneficiaries
  • Day 3: Revoke Lasting Powers of Attorney
  • Day 5: Update your will
  • Day 7: Close or freeze joint bank accounts

Week 2 (Days 8-14): HIGH PRIORITY

  • Day 8: Apply for Consent Order
  • Day 10: Update property deeds and mortgage
  • Day 14: Create new LPAs

Week 3 (Days 15-21): MEDIUM PRIORITY

  • Day 15: Update HMRC tax records
  • Day 17: Update employer records
  • Day 19: Update passport/driving licence if name changed

Week 4 (Days 22-30): LOWER PRIORITY

  • Day 22: Update medical records
  • Day 24: Set up mail redirection
  • Day 26: Update utilities and council tax

Focus on Week 1 items first—these pose the greatest financial risk if your ex-spouse is still named.

Frequently Asked Questions

Q: What happens to my will when I get divorced in the UK?

A: Under Section 18A of the Wills Act 1837, divorce automatically revokes any gifts to your ex-spouse and removes them as executor or trustee in your will. However, your will remains valid otherwise, so you should still update it to name new beneficiaries, executors, and guardians to avoid gaps in your estate plan.

Q: How quickly should I update my documents after divorce?

A: Update critical documents like your will, pension beneficiaries, and life insurance within the first month after your Final Order. This prevents your ex-spouse from inheriting if something happens to you before your financial settlement is complete. Some changes can be made during your 20-week reflection period.

Q: Do I need to update my pension beneficiary after divorce?

A: Yes, you must update your pension's Expression of Wish form immediately. Unlike wills, pension beneficiaries are NOT automatically revoked by divorce. If you die before changing this, your pension could still go to your ex-spouse, even after your Final Order is granted.

Q: What happens to joint bank accounts after divorce?

A: Joint bank accounts remain joint until you formally close them or remove one party. You should close joint accounts and open individual accounts as soon as possible during your divorce to prevent financial disputes and ensure your ex-spouse cannot access or withdraw your funds.

Q: Can my ex-spouse still make medical decisions for me after divorce?

A: If you appointed your ex-spouse in a Lasting Power of Attorney for Health and Welfare, they retain this authority until you formally revoke it. Divorce does not automatically cancel LPAs, so you must create a new LPA naming a different attorney if you no longer want your ex-spouse making medical decisions.

Q: Do I need to tell my life insurance company about my divorce?

A: Yes, you must inform your life insurance provider about your divorce, especially if you have a joint policy. Failure to notify them could invalidate your policy or prevent claims from being paid. You'll also need to update your beneficiary designations on all life insurance policies.

Q: What is a Consent Order and why do I need one?

A: A Consent Order is a legally binding court order that formalizes your financial settlement after divorce. Without one, your ex-spouse can make financial claims against you indefinitely—even years later—including claims on your pension, inheritance, or future assets. Getting a Consent Order provides a "clean break" and protects you from future claims.

Need Help with Your Will?

After divorce, updating your will is one of the most important steps to protect your children and your estate. Understanding which documents need immediate attention helps you prioritize what matters most for your family's security.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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