Skip to main content

Insight article

November 29, 2018

When the end of summer spells the end of a marriage

Lawyers often talk about ‘divorce day’ in January and report a similar surge when summer holidays are over. Research* looking at the timing of divorce petitions bears this out, with peaks after the summer and winter holidays. The researchers suggest that while troubled couples may view holidays as a time to stand together for children and an opportunity to mend relationships, the reality is that proximity exacerbates tensions and may be the final straw for many.

When Angelina Jolie filed for divorce from Brad Pitt in 2016, it followed a family disagreement on board a private jet taking the couple and their six children back to the United States from the South of France. Despite Jolie submitting the petition immediately, the couple separated. According to news reports, two years down the line, it has yet to be heard in court, with financial submissions taking a back seat while the couple continues to battle over custody.

In the UK, no-fault divorce has come a step closer with the news that the Government is planning to overhaul the law, but even in situations where everyone agrees, reaching a final outcome can take much longer than couples ever imagine, so the advice is to focus on the practicalities, which can be far-reaching.

“Thinking clearly, setting aside high running emotions and avoiding point-scoring can make the difference if the worst happens. You also need to look at the bigger picture and consider how the relationship impacts on every aspect of your life.

Something often overlooked is getting an up to date will in place. If you have an existing will that leaves everything to your spouse, it will remain valid until the decree absolute is confirmed, even if you have separated or received your decree nisi.

Equally, if you do not have a will and something were to happen to you before the divorce is completed then the intestacy rules would apply. These govern what happens when someone dies without a will, and, again, the spouse you are divorcing would benefit.

Updating or making a will ensures that your estate reflects the outcome that you want, which is important if you have children or if you have moved into a new relationship.”

Infochart The Intestacy Rules 2023 Update

For a larger copy of the above picture, please click here.

Recently, a new partner had to make a legal challenge to secure provisions for her infant children when their father died before the divorce to his former wife was complete. Bianca Corrado had a long-term affair with Malkiat Singh Ubbi, but his will had not provided for the children, aged three and six months, meaning the only route open to Corrado was to bring a claim on their behalf under the Inheritance Act for provision as dependents. In Ubbi v Ubbi, the High Court awarded almost £400,000 to the children from the £3.5m estate, and the case is likely to be used as future guidance for similar Inheritance Act claims on behalf of infant children in the future.

“In this case the court had to make a reasoned decision, but it may well be that the children’s father would have been more generous if he had made provision in his will. This was a positive outcome for the children but taking a case to the High Court is not an option for many people. Many people don’t like to deal with making a will, for all sorts of reasons, but the fallout for those left behind is worth keeping in mind.”

RIAA Barker Gillette’s private client team has a lot of experience drafting wills and advising on estate planning. Call Pippa Marshall today.

* The research was carried out by a team from the University of Washington and involved divorce petitions in Washington, DC, over a 14-year period.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The Employment Rights Act is a call to action for employers 
    A new year, a new employment framework: what employers need to know about the Employment Rights Act passed by parliament in December 2025.


    Read more
  • Dilapidations explained: What commercial tenants and landlords need to know
    Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding


    Read more
  • The role of due diligence in corporate transactions
    In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.


    Read more
  • Love in later life and the inheritance tax trap
    Increasingly, lawyers are seeing couples who have chosen to live together rather than marry, sometimes for many years, without fully appreciating how differently the law treats them, particularly when it comes to inheritance tax and financial protect


    Read more
  • Understanding Heads of Terms in corporate transactions
    Heads of terms are a crucial first step in corporate transactions. Learn what they include, why they matter, and how they shape successful deals.


    Read more

What they say...

  • Amish Bristol, January 2026
    Absolutely brilliant, fast, professional, clear and delivered a robust service “Recent mortgage oversight from Ben Marks and Anne was superbly dealt with, and I intend on moving all my business to them. For a big firm, they really do pay attent

  • Client, January 2026
    Excellent experience “The process of my work was quick and effective.”

  • Vicky, January 2026
    Clear, friendly, helpful “Very efficient and helpful with arrangements for my will.”

  • R Cook, December 2025
    Settlement Sorted “Grayson Stuckey was great. Efficient and friendly with all aspects of the support provided. We worked well together and achieved a positive outcome. Recommended.”

  • Ivan Naisbitt, December 2025
    More than just a service “Michael Davies has been representing me for about 35 years, and I cannot recommend him or RIAA Barker Gillette (UK) highly enough. Aside from the normal conveyancing, he is always on hand to advise and guide you throug

Read more
Send this to a friend