What happens if my ex-partner passes away during the divorce proceedings?
September 18, 2023 | 40,00 EUR | answered by Erwin Evers
Dear divorce lawyer,
My name is Fanni Schäfer and I am facing a difficult situation. My ex-partner and I were in the middle of a divorce proceeding when he suddenly and unexpectedly passed away. Now I am unsure and do not know how to proceed in this situation.
The initial situation was that my ex-partner and I wanted to divorce amicably and had already taken some steps in that direction. We had already discussed the division of assets and the custody arrangement for our children. However, now that he is no longer alive, I am unsure of how to continue this process.
I am worried about whether the divorce is still legally valid despite his death and how his death will affect the decisions that have already been made. I also wonder what will happen to our shared assets and any debts if one of the spouses dies during the divorce proceeding.
So my question to you as an experienced divorce lawyer is: What happens if my ex-partner dies during the divorce? How does his death affect the divorce process and what legal steps need to be taken now to resolve the matters?
I would greatly appreciate your expert advice and support during this difficult time.
Sincerely,
Fanni Schäfer
Dear Mrs. Schäfer,
I would like to offer you my sincere condolences for the loss of your ex-partner. It is understandable that you may feel uncertain and worried in this difficult situation. I would like to provide you with some information that hopefully will bring clarity.
When a spouse passes away during an ongoing divorce proceeding, this has legal implications on the process. Firstly, it is important to know that the divorce proceeding can generally continue after the death of a spouse. The divorce itself does not automatically become invalid. However, there may be some changes and obstacles that need to be considered.
In regards to decisions that have already been made, such as the division of assets and custody of children, these may need to be reconsidered and adjusted after the death of your ex-partner. The heirs of your ex-partner may now make claims and a renegotiation of the division of assets may be necessary. The custody of the children may also be affected by the death of a parent, especially if no prior arrangements have been made.
As for shared assets and possible debts, these are usually settled through the distribution of the estate after the death of a spouse. It is important to clarify the inheritance and the claims of the heirs in order to distribute the assets correctly. Any debts may also pass on to the heirs, so a thorough examination and settlement is necessary.
To resolve the matters in your case, I strongly recommend that you seek advice from an experienced divorce lawyer. They can provide comprehensive advice, explain the legal steps, and assist you in proceeding with the divorce process. It is important to carefully examine and legally settle all aspects to avoid further complications.
I am here to answer your questions and support you during this difficult time. Please do not hesitate to contact me to schedule a consultation.
Sincerely,
Erwin Evers, Divorce Lawyer
